Herança Digital: Os principais problemas decorrentes da ausência de regulação dos bens digitais no Direito Sucessório Brasileiro

Abstract

The digital environment has evolved rapidly, altering various everyday activities. Consequently, legislation needed to adapt to these changes, such as the new Civil Framework for the Internet and the General Data Protection Law (LGPD). However, there is still no specific legislation regarding the succession of digital assets in Brazil, assets that make up what is known as Digital Inheritance. In light of this, the present study aims to describe the way in which the contemporary judiciary addresses the transmission of digital assets in the absence of specific legislation on the matter. Digital inheritance is an emerging reality, and individuals are starting to worry about the fate of their digital lives after death. Therefore, this situation requires regulation to avoid the complications arising from these circumstances. Regarding methodology, due to its theoretical and bibliographical nature, a descriptive research approach was adopted, utilizing bibliographical and documentary procedures. Several issues were analyzed regarding the feasibility of transmitting digital assets, with judges resorting to extensive interpretation and analogy based on the principles of succession and existing laws. The main result identifies the need for specific legislation on the succession of digital assets as a necessary tool for resolving disputes.