HERANÇA DIGITAL E A SUCESSÃO LEGÍTIMA: NOVOS DIREITOS DEMANDAM NOVO REGRAMENTO?

Abstract

In the context of rapid technological evolution, this article explores the social and legal impact of digital inheritance in Brazil, emphasizing its relevance amid changes in hypermodern society. The focus is on the acquisition of intangible assets throughout life. The central objective is to present crucial considerations regarding digital succession, addressing its peculiarities and contemporary implications, while highlighting gaps in the Brazilian legal framework. A society in constant evolution calls for effective regulation and defense of this issue, underscoring the urgency of its integration into the legal system. The research employs techniques of weighing and extensive interpretation, particularly in conflicts between the deceased's right to privacy and the legitimate succession rights of third parties. In addition to bibliographic research, legislative projects are analyzed as initiatives to adapt Brazilian law to emerging demands in digital inheritance, comparing them with foreign legislations. The conclusion is that, despite legislative efforts, digital inheritance lacks adequate regulation to ensure effective provision. The study, grounded in doctrines, articles, news, and jurisprudence, utilizes the deductive-qualitative method.