INHERITANCE OF DIGITAL ASSETS VIS-À€-VIS THE DECEASED'S MOST PERSONAL RIGHTS

Abstract

THIS SCIENTIFIC ARTICLE AIMS TO ADDRESS THE ISSUE OF INHERITANCE OF DIGITAL ASSETS. IN THIS, THE FOLLOWING PROBLEM WILL BE PRESENTED: IS IT POSSIBLE TO TRANSFER PROPERTY TO DEATH EVEN KNOWING THAT THE PERSONAL RIGHTS OF THE DECEASED COULD BE VIOLATED? TO ANSWER THIS QUESTION, THE PRESENT WORK FIRST DISCUSSES THE HISTORICAL EVOLUTION OF THE INHERITANCE INSTITUTE, AS WELL AS PRESENTS ITS CONCEPT. SUBSEQUENTLY, HE CARRIES OUT BRIEF CONSIDERATIONS ON DIGITAL HERITAGE, BRINGING ITS DEFINITION AT THIS POINT. FINALLY, THROUGH DOCTRINAL POSITIONS AND JURISPRUDENCE DEBATES WHETHER THE INHERITANCE OF DIGITAL ASSETS IS POSSIBLE DESPITE THE VERY PERSONAL RIGHT OF THE DECEASED. THIS IS A CURRENT AND CONTROVERSIAL ISSUE, CONSIDERING THAT TECHNOLOGICAL ADVANCES HAVE LED TO THE EMERGENCE OF SO-CALLED DIGITAL GOODS, WHICH ARE OFTEN COMPOSED OF CONFIDENTIAL AND/OR CONFIDENTIAL INFORMATION OF THE DECEASED PERSON, RAISING QUESTIONS ABOUT THE POSSIBILITY OF TRANSFER OF THE AFOREMENTIONED ASSETS. THE METHODOLOGY APPLIED WAS EXPLANATORY AND DESCRIPTIVE, USING BIBLIOGRAPHICAL RESEARCH, SPECIFICALLY THE FEDERAL CONSTITUTION OF 1988 AND THE CIVIL CODE OF 2002, AS WELL AS SOME AUTHORS, SUCH AS: ALMEIDA (2019), BAUMAN (2001), DINIZ (2005), GON�ALVES (2017), RODRIGUES (2009). THE CONCLUSION OF THE WORK WAS THAT THERE IS THE POSSIBILITY OF TRANSMISSION OF ASSETS CAUSA MORTIS, BUT THE DECEASED PERSON'S RIGHT TO PERSONALITY MUST PREVAIL, CONSIDERING THAT SUCH A SOLUTION IS BETTER SUITED TO THE PRINCIPLE OF HUMAN DIGNITY, AS WELL AS BY WHAT ADVOCATES THE REGULATORY LAW FOR INTERNET ACCESS IN BRAZIL.