DIGITAL HERITAGE: POSSIBILITIES AND LIMITS IN BRAZIL

Abstract

The study conducted aimed to investigate the transmission of a deceased user's social media account to their heirs in Brazil. The limits and possibilities of this transmission were examined, considering that many social media contents are related to the right of civil personality, which is theoretically non-transferable. To achieve this, a bibliographic review of the national doctrine of Succession Law regarding inheritance was carried out, along with the collection of case law from Brazilian courts to address the issues regarding the transmission of social media accounts of deceased users, as well as rulings from other countries. The objective was to analyze the possibilities of transmitting a social media account under Brazilian legal framework and discuss the limits of transferring the ownership of such an account to the heirs of the deceased user in Brazil. This investigation is necessary due to the society's current dependence on the internet, a global network of computers, and the need to address its legal consequences. The research was developed based on a deductive nature narrative bibliographic approach. It was found that there is no legislation in Brazil that regulates the legal relationship in question. However, the Courts have sought solutions for the presented cases, considering the principle of the availability of jurisdiction. They authorize the transmission when the deceased user had previously granted access to the heirs, or deny the transmission based on the deceased user's prior adherence to the Platform's Terms of Use, which do not allow for transmission. Therefore, it is observed that even in the absence of specific legislation, the fundamental principle of succession law, respect for the expressed will of the deceased user, is what has prevailed.