O Código Civil Reformado como catalisador do paradigma sucessório dos bens digitais: prognósticos da transferência patrimonial balizada pelo direito à privacidade e à extimidade

Abstract

This work aims to analyze the current paradigm that has emerged on the subject of the inheritance of virtual assets of an existential-patrimonial nature. To this end, it delves into the thematic bases in order to take a conceptual journey through the Law of Succession, highlighting which assets are currently subject to inheritance and discussing the concept and classifications of digital assets. On the other hand, it intends to carry out an in-depth analysis of personality rights, with an emphasis on the right to privacy, going through the jurisdictional protection currently in force in Brazil, up to the recent changes imposed on them due to the frequent use of social networks and the consequent behavioral changes, which result in the emergence of a new right, characterized by being an offshoot of the right to privacy: the right to extimacy, whose objective is to grant effectiveness to privacy by adapting to the needs and requirements of the current technological scenario. In addition, this research focuses on the changes proposed by the Draft Reform of the Civil Code (2024), in particular the changes made to the succession book and the unpublished book designed specifically to protect digital civil law, which, when analyzed together, suggest the establishment of a more efficient digital inheritance paradigm applicable to contemporary society. Therefore, based on the entire study carried out in this paper, it can be seen that the right to extimacy is a basic element for the establishment of the new paradigm of the hereditary succession of virtual assets, which the proposed reform of the Civil Code intends to establish since it will serve as a guiding element that will guide the applicability of the rules, making the Paradigm effective. Having said this, this topic is of great social relevance, given that virtual assets are steadily taking up space in the social environment, which is why it is of relevant general interest to resolve the gap in the current legal system.