DIGITAL INHERITANCE: LEGAL ASPECTS ABOUT THE VIABILITY OF THE SUCCESSION OF DIGITAL GOODS LEFT BY THE CUJUS

Abstract

The present study aims to analyze the legal feasibility of the succession of digital assets accumulated during life, an area not yet specifically regulated by the Brazilian Civil Code. Given the growing accumulation of digital assets, there is a need to establish legal mechanisms for the transfer of these assets after the death of the holder. The general objective of this research is to explore the integration of digital heritage into the Brazilian legal system. Specifically, we seek to identify gaps in current legislation relating to digital succession, analyze relevant case law and carry out a comprehensive literature review. Additionally, the possibility of the will facilitating the regulation of digital inheritance is investigated, the impacts on the personality rights of the deceased are examined and the transmission of accounts on social networks through wills is discussed. Using a bibliographic methodology, with a literature review in books, specialized websites, theses, legislation and scientific articles, this work highlights the importance of understanding digital heritage. The relevance of this study arises both from existing doctrinal divergences and from the proposal of new bills, reflecting the urgency of adapting the Law to social transformations resulting from the digitalization of heritage.