Os efeitos disruptivos da automatização de testamentos como indícios do processo de aperfeiçoamento do sucessório brasileiro: os pormenores da utilização de smart contracts na realização de testamentos à luz do projeto de lei 5.820/2019.

Abstract

Obstacles that were insurmountable for man a few years ago have not only been overcome, but are now considered commonplace due to technological innovations. In this sense, the legal sphere is no exception to the technological impact. The aim of this paper is to critically discuss the application of Smart Contracts technology in the drafting of wills, demonstrating the benefits that this technology can bring to inheritance law and analyzing its legality in the light of Bill 5,820/2019. The research begins by establishing the legal institute of wills, in the light of laws and doctrines, highlighting their characteristics and modalities. The concepts and workings of blockchain and smart contract technologies are then demonstrated, in order to point out their benefits and obstacles when applied to the law. Finally, the research articulates both elements, using Bill 5.820/2019, which deals with digital wills, as a foundation. Thus, using the information obtained from manuals, academic productions, laws and doctrines, it was possible to conclude that Bill 5.820/2019 facilitates the incorporation of smart wills based on Smart Contracts into Inheritance Law, fostering the evolution of this branch through the possibility of self-execution of wills without the need for a third-party intervener, the security and inviolability of the content of the will and greater efficiency in the treatment of purely digital inheritances.