DIGITAL INHERITANCE: THE BRAZILIAN SUCCESSION LAW IN FRONT OF THE FUNDAMENTAL RIGHTS OF THE DE CUJUS

Abstract

With the growth of technology, there has been a transformation both in the composition of the assets that form the estate, and in relation to the way in which they are transmitted to their respective heirs. An example of this are digital assets. From this perspective, this article aims to discuss the digital inheritance, delimiting the subject for the analysis of the Brazilian inheritance legislation regarding the inheritance rights of the de cujus, in the context of digital heritage transmission. For the development of the work, exploratory and qualitative research was used, based on bibliographic and documentary data. As a result, it was pointed out that the digital heritage can be attributed to everything that the individual is able to archive in a virtual space and, consequently, incorporate it into his personal heritage. However, there is no legislation governing the transmission of digital goods. It was concluded that the understanding prevails that, when the digital good has no economic value, and concerns data related to the intimacy and privacy of the deceased, transmission is not possible, except when the deceased himself has left a will expressing the respect of the destination of such assets after his death.