DIGITAL INHERITANCE AND INHERITANCE LAW IN BRAZIL: THE TRANSMISSIBILITY OF VIRTUAL ASSETS

Abstract

This article aims to highlight and discuss the need to establish clear criteria for the succession of digital assets, as well as to broaden the debate on their patrimonial characterization. It addresses the existing legal gap and how it may exacerbate legal uncertainty, affecting both asset distribution and heirs' rights. To achieve this objective, a bibliographic and documentary research methodology was employed, including content analysis of scientific articles, doctrinal works, and national and international legislation, to comprehensively understand and describe the topic. The main findings reveal that the application of traditional succession laws is not fully effective in encompassing the dynamics of digital assets, leading to interpretive gaps and complicating the resolution of succession conflicts. Furthermore, the absence of specific regulations allows digital platforms to impose contractual restrictions, limiting heirs' access and intensifying legal insecurity. Thus, it is concluded that the law must keep pace with technological evolution and establish clearer parameters to ensure the legal protection of those involved.