Patrimônio digital post mortem: a lacuna normativa brasileira

Abstract

This paper analyzes the regulatory gap in the Brazilian legal system regarding the transfer of digital assets after death, investigating its impacts on the rights of heirs and deceased individuals. With the advancement of technology and the increasing digitalization of social and economic relations, the succession of digital assets has become a relevant issue, especially given the lack of specific regulations in Brazil. The research explores the characterization of digital assets and digital assets, distinguishing them from traditional assets and highlighting the legal challenges involved in their transfer to successors. The conflict between the deceased's right to privacy and the heirs' rights to inheritance is discussed, examining the application of the General Data Protection Law and the Internet Civil Rights Framework. The research also explores the divergence in case law regarding the transferability of digital assets and evaluates bills currently under consideration, such as Bill No. 4/2025, which proposes the inclusion of Digital Civil Law in the Civil Code. It is concluded that specific regulation is essential to balance the protection of privacy, the autonomy of the holder and inheritance rights, ensuring legal security in the face of technological transformations.