THE SUCCESSION OF DIGITAL ASSETS

Abstract

The present study addresses the succession of digital assets within the Brazilian legal system, a topic that has gained increasing relevance due to the expansion of virtual relationships and the growth of digital assets in contemporary society. Technological evolution has significantly changed the way individuals store information, manage assets, and establish social connections, making it necessary for the Law to adapt to the new demands of the digital age. In this context, the following research problem arises: how can Brazilian Succession Law regulate the succession of digital assets in 

light of the existing legislative gap and the expansion of virtual property? The study is based on the hypothesis that the absence of specific legislation generates legal uncertainty, making it difficult to simultaneously protect inheritance rights, the privacy of the deceased, and the autonomy of heirs. The general objective is to analyze the succession of digital assets in Brazilian Law, considering its legal, social, and technological aspects, in order to identify normative gaps and possible regulatory solutions. As specific objectives, the study seeks to examine the legal nature of digital assets and their compatibility with Succession Law, identify the main legal and practical challenges of digital succession, and evaluate doctrinal, jurisprudential, and legislative proposals regarding the subject. The adopted methodology is qualitative, exploratory, and descriptive, using bibliographic and documentary review through the analysis of legal doctrines, legislation, jurisprudence, and national and international scientific articles. It is concluded that the specific regulation of digital inheritance has become indispensable to ensure legal certainty, the protection of fundamental rights, and the adaptation of the legal system to contemporary technological transformations.