HERANÇA DIGITAL: TRANSMISSÃO DE BENS DIGITAIS POR VIA TESTAMENTÁRIA

Abstract

In view of the large amount of digital assets that we accumulate during our lifetime, we are researching digital inheritance in order to investigate how the will acts in the hereditary succession of digital assets. To this end, we discuss the general rules of inheritance, break down digital inheritance and digital assets and analyze the feasibility of using a will in digital inheritance. An exploratory and qualitative bibliographical study was carried out. As a result, we found that the country's legislation fails to directly address the issue, legislative production does not progress in the approval of draft laws, companies self-regulate by dictating and imposing the rules on users, the right to inheritance and the right to the personality of the deceased are opposed, leaving the decision to the Judiciary, which imposes the finding that the will is a valid instrument for digital succession planning even with the Brazilian culture of not testing.