Herança digital: o acesso às contas digitais de pessoas falecidas e a tutela da privacidade

Abstract

Technological development in different societies is an undeniable phenomenon today. Over the years, man has been changing the form of interaction and capital accumulation. It is studied, therefore, about the possibility of transmitting the digital goods that make up the patrimony of the author of the inheritance in opposition to the fundamental privacy rights of the person and third parties. To this end, we seek to analyze the nature of goods housed in the digital environment, as well as the possibility of transferring intangible assets and the right to privacy of the deceased person and the third party. It is intended to demonstrate the insufficiency of existing draft laws related to the matter, as well as the lack of private legislation in force to resolve issues involving a possible clash between the right of succession and the right to privacy. In view of the legislative omission, it is believed, therefore, in the important role of the magistrate, who is now the enforcer of the law for the fair and effective resolution of specific cases, which must therefore carry out a thorough analysis of the rights involved and the risk of a unmotivated violation of the person´s and third parties´ privacy. To achieve this goal, the method of approach used was the hypothetical-deductive, considering that it is the most appropriate for the realization of the theoretical study on this civil law institute. As for the research, it was carried out in a bibliographic manner, without the need for field research, but, it was essential to reflect on doctrinal thoughts and scientific articles in order to develop the theme.