DIGITAL ESTATE AND SUCCESSION: A LEGAL ANALYSIS OF POST-MORTEM INSTAGRAM PROFILES

Abstract

Technological advancement and the increasing digitalization of social relations have intensified legal debates surrounding the succession of digital assets, particularly social media profiles such as Instagram. In light of the absence of specific legislation within the Brazilian legal system, this research addresses the central question: how should the succession of Instagram profiles of deceased users be legally treated? Given this issue, the general objective of the study is to analyze the legal possibility of considering Instagram profiles as part of digital inheritance, while safeguarding both succession rights and personality rights. To this end, the specific objectives are: to examine digital inheritance and the legal nature of Instagram profiles as patrimonial, existential, or hybrid assets; to analyze the legislative omission in Brazil regarding the succession of digital assets; to study Instagram's internal policies concerning deceased users’ profiles; and to investigate the protection of personality rights post mortem, particularly regarding privacy, image, and memory. The research adopts a deductive approach and employs bibliographic and documentary methods. Theoretical frameworks include authors such as Flávio Tartuce, Júlia Schroeder Bald Klein, Sarah Fernandes de Castro, Isadora Lobo Pereira de Oliveira, and Beatriz Morete da Paixão Marangoni, who discuss digital inheritance and the post-mortem protection of fundamental rights. This study contributes to the academic and legal debate on the regulation of digital inheritance in Brazil and proposes solutions that reconcile legal certainty, autonomy of will, and human dignity in the digital age.