O patrimônio e a herança digital no direito brasileiro: uma análise sobre a matéria nos tribunais

Abstract

The present work sought to indicate that the obscurity of the Brazilian legal system, with regard to the theme of digital inheritance, has caused several disorders to the possible heirs of the deceased, and consequently, to the Judiciary System, since the deceased's relatives turn to the Justice to see their claims met. The theme of this work, which we carry out through the technique of bibliographic research, had its origin from the developments that emerged from the network society, which we live in today, and whose use of the internet causes an unprecedented revolution in all sectors of society . With the help of the internet, the individual increasingly began to produce and publish content on the network, without stopping to think that with his death, the digital heritage built in life, will become a component of his digital heritage. It was demonstrated with the research that because Brazil does not have specific legislation for the transmission of the deceased's digital collection, in situations of no will, the relatives of the deceased are at the mercy of the privacy policies of the websites that are often ineffective and, for this reason, they need to go to the Judiciary, as already mentioned, to see their conflict resolved. The Judiciary, in turn, resolves the disputes using analogy to the codified general succession legislation, by means of the general principles of Law and in accordance with the doctrinal line followed by the judge, thus causing legal uncertainty due to the different decisions made on the same subject matter. In this context, emerging is the need for a legislative update, as well as the approval of one of the bills that aim to make this right positive, because even though they are not perfect in all their aspects and in some way they conflict at some point with the right to privacy of the deceased, already represents an advance in the matter, given that the digital heritage is already a reality not only in Brazil, but worldwide.