THE TRANSFER OF DIGITAL ASSETS IN INHERITANCE AND THE NEED FOR ITS REGULATION

Abstract

This article analyzes the transmission of digital assets in inheritance proceedings and the need for its regulation in the Brazilian legal system. With the advancement of technology and the digitalization of social and economic relations, it has become common for individuals to possess a virtual patrimony composed of assets such as cryptocurrencies, social media accounts, cloud files, and other digital assets of economic or existential value. However, the 2002 Civil Code does not expressly provide for the succession of these assets, which generates legal uncertainty, interpretative gaps, and conflicts between heirs and digital platform providers. The research, qualitative in nature and based on a literature review, highlights the importance of creating specific norms that ensure the secure transmission of digital assets, respecting both property rights and personality rights. Furthermore, it emphasizes the role of digital estate planning as a preventive tool to organize virtual assets and guarantee the effectiveness of the deceased's wishes. It concludes that the regulation of digital inheritance is indispensable for legal certainty, the protection of privacy, and the updating of Inheritance Law in the face of the transformations of the digital age.