Herança digital: aplicabilidade do Direito Sucessório sobre os bens digitais

Abstract

The digital age has profoundly transformed how we live, work and communicate. Among the many changes that this revolution has brought, digital inheritance is a concept that is gaining prominence and relevance. This work will address the topic, focusing on the applicability of Inheritance Law to digital assets. The central problem is: how to regulate the transmission of digital assets after the death of the holder in the absence of specific legislation? The objectives include analyzing the legal feasibility of incorporating these assets into hereditary heritage and proposing guidelines for future regulation. The justification lies in the growing relevance of digital assets, such as social media accounts, cloud files and crypto assets, in people's daily lives and assets. It is concluded that the current legislative gap needs to be filled to guarantee legal certainty and respect for the deceased's wishes, with the adaptation of Succession Law to new technological realities being essential.