THE RECOGNITION OF VIRTUALLY STORED GOODS AS HERITAGE AND THE POSSIBILITY OF BEING THE OBJECT OF DIGITAL INHERITANCE

Abstract

The objective of this scientific article is to explore the topic of digital inheritance, which is a rising topic in the legal field. This study was guided by a general objective, which was to verify the feasibility of transmitting Digital Heritage to heirs in the absence of a will, with a special focus on assets that do not have an economic valuation. For this research, the methodology of legal work was adopted, using mainly bibliographic and documentary research. Data were obtained using the deductive method. The results obtained revealed two divergent and striking opinions. One of them maintains that digital assets, which cannot be economically valued, should not be passed on to heirs without an explicit statement from the deceased, arguing that this would violate the right to privacy. On the other hand, the second opinion argues that, due to their significant emotional value, these assets can be transferred even in the absence of an explicit statement from the deceased. Thus, it was concluded that the Civil Code establishes the rules and procedures for hereditary succession, but does not specifically address the issue of digital assets, generating uncertainties and legal gaps, which can result in conflicts and difficulties for heirs in managing assets. fingerprints of a deceased person. It is necessary to adapt laws and legal practices to deal with this reality and thus guarantee adequate and updated legislation, promoting justice, legal certainty and respect for individual rights in the digital age.