A possibilidade de transmissão da herança digital e a urgente necessidade de legislação específica no ordenamento jurídico brasileiro

Abstract

This exposition aims to contribute to the discussion about the possibility or not of transmitting the digital inheritance, after the death of the proprietor, to the heirs and, consequently, of the digital assets that compose it, in the absence of specific legislation in force on the subject Brazilian legal system. To this end, we proceed to the understanding of the general part of Succession Law, in wiew of the close relationship between such branch of law and present work. Afterwards, it deals with the definition of the concept of digital inheritance and its possibility of transmission, from the characterization of the goods that compose it. In addition, we present examples of "Privacy Policies" or "Terms of Use" adopted by some websites, such as social networks, that address the aspects of access to digital files by the service user's heirs. Still, we analyze the Bills 4.099/12, 4.847/12, 8.562/17 and 7.724/17, in order to understand the modification that they aimed to make in the Brazilian legal system. To achieve the establishment purpose, the deductive methodology will be applied, based on exploratory and qualitative research of doctrinal bibliography, legislation and jurisprudence related to the theme. In conclusive aspect to the study, it is evidenced that there must be an urgent Evolution of the Brazilian legal system, before the necessity of existence of specific rule that regulates the destiny of the digital inheritance to heirs of the holder of the same, so that it ceases or, for the at very least, alleviate the existing legal uncertainty.