Análise sobre a possibilidade jurídica da sucessão de bens digitais no direito brasileiro

Abstract

The advancement of technology has evidently brought the migration of data recording from analog to digital form, which has brought remarkable developments to the social sphere and, consequently, to Law, in particular the Law of Succession. This course conclusion work aims to verify the legal possibility of the succession of digital assets in Brazilian law. It is argued that the relevance of the theme is directly linked to the social aspect of the subject, which depends on legal regulation. In order to do so, we sought to demonstrate the general notions of Succession Law, addressing the institute of inheritance and the succession modalities. Next, it was explained about the evolution of the internet and the object of Digital Law, as well as the goods of a digital nature and their classification. Subsequently, we took care to demonstrate the tools already available to bequeath third parties to access account data, the bills on the subject that are being processed in the country, and a quick approach to comparative law. In fact, what has been observed so far, in which there is still no legal regulation on the subject, is that the succession of some assets of a digital nature is possible, depending on their classification. However, it is up to the Judiciary to decide on the possibility or not of the transmission of other assets of a digital nature, which are not protected by the law in force in the country, which was elaborated in a period when such succession hypotheses were not thought about. What is seen is the need for urgent regularization of the issue by the domestic legal system, since it is of great importance and contemporaneity.