Herdeiros do tesouro digital: Uma análise jurídica acerca do (des)cabimento do direito de sucessão sobre as redes sociais do de cujus

Abstract

With the advancement of technology over the years, Brazilian society began to dizzyingly use the internet as a form of communication. Therefore the digital property acquired while still alive by individuals compose the person's virtual heritage. Such property may be the object of succession in the event of the user's death, and there is still no specific legislation on the subject. According to doctrine and jurisprudence, digital property that are subject to economic valuation must be part of the patrimony to be succeeded. However, social networks are digital property that are both, economically valuable, due to the market niche built around them, and also they are platforms for storing intimate and personal content. This way there is a conflict between the constitutional guarantees of the right to inheritance and the right to privacy, with regard to the succession of de cujus social networks, in case there is no express will in a testament. Through a qualitative applied bibliographic research, through the exploratory method of dialectical approach, this job gools to discuss the possibility, or not, of the succession of the deceased's social networks, in situations where there is no express provision in the testament.