DIGITAL INHERITANCE IN BRAZILIAN SUCCESSION LAW: THE INNOVATIVE CONFLICT BETWEEN THE RIGHT TO PRIVACY AND TRANSFER OF DIGITAL ASSETS AFTER THE DEATH OF THE HOLDER.

Abstract

THE PRESENT ARTICLE IS BASED ON THE TOPIC OF DIGITAL INHERITANCE WITHIN THE SCOPE OF BRAZILIAN SUCCESSION LAW, CONSIDERING THE CONFLICT BETWEEN THE RIGHT TO PRIVACY AND THE TRANSFER OF DIGITAL ASSETS AFTER THE DEATH OF THE OWNER, IN THE ABSENCE OF SPECIFIC LEGISLATION. IN THIS CONTEXT, THE ADDRESSED PROBLEM
AROSE: IS IT POSSIBLE TO ESTABLISH THE SUCCESSION OF DIGITAL ASSETS, RESPECTING THE PRIVACY RIGHTS OF THE DECEASED OWNER, EVEN IN THE FACE OF GAPS IN BRAZILIAN LAWS REGARDING DIGITAL INHERITANCE? TO FIND THE SOLUTION TO THIS QUESTION, THE LEGAL AND ETHICAL ISSUES INVOLVED IN THE TRANSFER OF DIGITAL ASSETS LEFT BY A DECEASED PERSON WILL BE ANALYZED, BASED ON TECHNOLOGICAL ADVANCEMENTS. THE ARTICLE ALSO PROVIDES A SUCCINCT EXPLANATION OF DIGITAL RIGHTS AND THE DIFFERENTIATION OF DIGITAL ASSETS. THE RESEARCH IS BASED ON DOCTRINES, LEGISLATION, BOOKS, AND SCIENTIFIC ARTICLES, USING MAINLY BIBLIOGRAPHIC METHODOLOGY, PRIMARILY THE FEDERAL CONSTITUTION OF 1988 AND THE CIVIL CODE OF 2002, AND SOME AUTHORS SUCH AS TARTUCE (2019), MADALENO (2020), PEREIRA (2020), ZAMPIER (2021), AMONG OTHERS. THE STUDY AIMS TO VERIFY THE POSSIBILITY OF TRANSMITTING DIGITAL ASSETS, DEMONSTRATE THE GAPS IN BRAZILIAN LEGISLATION REGARDING DIGITAL
INHERITANCE, EMPHASIZE THE NEED TO BALANCE THE PRIVACY RIGHTS OF THE DECEASED WITH THE HEIRS' NEED TO ACCESS, MANAGE, AND PRESERVE DIGITAL ASSETS. FINALLY, IT WILL HIGHLIGHT THE IMPORTANCE OF LEAVING A WILL SPECIFYING WHAT SHOULD HAPPEN TO DIGITAL ASSETS AFTER DEATH, EMPHASIZING THE NEED FOR SPECIFIC LEGISLATION ON THE SUBJECT.