Herança digital: patrimônio virtual e direito sucessório

Abstract

the present work aims to understand, from the analysis of the reflexes of technological innovations in contemporary society, the concept of goods, property and patrimony and its transformations in face of the newest and varied forms of acquisition and maintenance of these goods, such as profiles social networks, online libraries, e-mails, loyalty programs and the most diverse forms of virtual content. We are talking about digital assets and the reflexes of their legal recognition, especially with regard to inheritance law, which deals with the legal possibility of transmitting or not the virtual assets of the deceased to their heirs. In order to do so, the digital inheritance is analyzed in light of the current legal system and comparative law, especially of American and European law, in order to present parameters for the protection of these contents in Brazil, whether of a patrimonial or non-patrimonial nature , as discussed throughout this dissertation. This cleavage is of paramount importance in order to better understand the specificities of digital goods, allowing the promotion of more appropriate treatments according to the respective nature of the assets contained in the virtual patrimony, which can be considered as digital goods of an economic nature or very personal. Although there are currently conflicts involving the two categories mentioned, undeniably greater complexity lies in the existential content, either because they involve private and intimate personal data of the author of the inheritance itself or, what seems to be more serious, can also include intimate data and privatization of third parties, which puts in check even the possibility of the holder of such assets to be manifested by the inheritance of such assets. In the face of such controversies, this research aims to collaborate academically with studies on the subject of digital inheritance, seeking to contribute scientifically both to judicial protection in litigation on the subject and to possible state regulation that is expected, even in the face of so many legislative frustrations already distanced. As a basis and fuel for such an endeavor, the use of the constitutionalised - and, moreover, humanized - perspective of Civil Law as a necessary methodology to deal with so many questions that are tried to solve in this writing.