DIGITAL HERITAGE: THE (IM)POSSIBILITY OF TRANSMISSION OF DIGITAL GOODS

Abstract

Following global trends, Brazilian society has become accustomed to a life increasingly connected to the internet and users have started to acquire and invest in various digital storage contents. The objective of this work is to study the (IM) possibility of transmitting digital assets left by the deceased, as well as the need for specific laws on the subject and in a way that does not violate the deceased's right to privacy. In order to obtain the answer to the problem, we first seek to establish the concept of digital goods, and whether they can be classified as inheritance. In the sequence, the legal nature is approached, questioning whether these can be defined and regulated by the current Brazilian Civil Code, even after the death of the person, and even if against the will of their heirs. Thus, given the lack of jurisdiction on the subject, private platforms, in order to reach solutions to conflicts, begin to develop some palliative measures for the destination of digital assets. It is concluded that the current Brazilian legislation, compared to foreign legislation, is lagging behind. Therefore, due to the lack of a specific law, the recommendation for the transmission of digital assets, either by testamentary means, thus ensuring the last will of the de cujus.