PRIVATE AUTONOMY IN THE POST-MORTEM DISPOSITION OF BITCOIN: AN ANALYSIS OF THE PROHIBITION OF SUCCESSION AGREEMENTS IN BRAZILIAN LAW

Abstract

The rapid expansion of self-managed crypto assets presents significant challenges to Brazilian inheritance law, particularly considering the restrictions imposed by Article 426 of the Civil Code regarding succession agreements. This research examines the potential role of individual autonomy in facilitating the posthumous distribution of Bitcoin, while adhering to the limitations imposed on the inheritance rights of living individuals. Employing a hypothetical-deductive approach, it examines the underlying principles of prohibition, along with the technical characteristics inherent to the Bitcoin blockchain, including time locks and multi-signature arrangements. It proposes a proportionality framework to assess the legality of these configurations, postulating that prohibition does not extend to custodial structures that preserve the fundamental nature of succession and allow for judicial oversight. The results suggest that a harmonious integration of private autonomy with public order in the field of succession is feasible, thus providing a doctrinal basis for cryptocurrency estate planning within the context of Brazilian legislation.