PATRIMÔNIO DIGITAL PÓS-MORTE: ASPECTOS LEGAIS DA SUCESSÃO DE ATIVOS ONLINE

Abstract

This study analyzes whether online assets can be considered part of an inheritance, that is, an "inheritable estate," given that technological advancement and the increasing digitalization of daily life have given rise to a complex legal discussion regarding the fate of a person's digital assets after their death. The research problem questions whether or not online assets constitute an inheritable estate and how Brazilian jurisprudence has positioned itself on the matter. To this end, it addresses the concept and principles of succession law; subsequently, it analyzes the nature of digital assets and their classification, identifying what a digital inheritance would encompass and highlighting the virtual legacy's economic, patrimonial, and sentimental value. Furthermore, in the absence of specific legislation on the topic, the study examines the Marco Civil da Internet (Brazilian Civil Rights Framework for the Internet), the Lei Geral de Proteção de Dados (General Data Protection Law), and, illustratively, the stance of the judiciary on the subject. The research utilizes a bibliographic methodology, based on scientific articles, monographs, theses, legal doctrine, electronic sources, and case law.