Desafios da sucessão digital nas redes sociais monetizadas: Entre os direitos da personalidade e o seu valor patrimonial

Abstract

The digital transformation has profoundly changed social and economic relations, raising the issue of digital inheritance, especially regarding social media profiles, which assume a hybrid nature by combining existential and patrimonial values. The lack of specific regulation in Brazilian law generates legal uncertainty concerning the fate of these assets after the death of their holders, particularly when they involve monetization and business contracts. This study aims to analyze the challenges of digital inheritance in light of Civil Law, emphasizing the tension between the intransmissibility of personality rights and the patrimonial transmissibility, while assessing the limited contribution of the Civil Code, the Brazilian Internet Act and the General Data Protection Law, as well as the private policies of digital platforms and judicial precedents. Using a deductive and bibliographic methodology, the research investigates the classification of digital assets, discusses the social, economic and legal impacts of the lack of clear rules, and proposes interpretative parameters that reconcile memory, identity and patrimony, in order to provide greater legal certainty for heirs and legal practitioners in face of the growing centrality of digital assets in contemporary life.