A sucessão de bens digitais no Brasil: um conflito entre o direito à privacidade do de cujus e o direito fundamental à herança

Abstract

The work examines the complex conflict between the deceased's right to privacy and the heirs' right to access digital inheritance. With technological advancement, digital assets, which include everything from cryptocurrencies to emotional memories stored on social networks, have become an integral part of heritage. However, the resistance of digital platforms to providing access to these assets after death, based on the protection of user privacy, creates considerable legal challenges. The study highlights the need for a delicate balance between preserving the dignity and memory of the deceased and ensuring the rights of the heirs. Recent judicial decisions, such as that of the Minas Gerais Court of Justice, exemplify the complexity of these issues. This work also addresses the evolution of digital goods since the emergence of personal computers and the internet, culminating in the era of the metaverse and cryptocurrencies, which introduce new challenges to the regulation of these goods. It is concluded that clear and specific legislation is essential to deal with digital inheritance, allowing the deceased to express their wishes regarding the fate of their digital assets during their lifetime, in order to protect both the rights to privacy and inheritance. It is, therefore, a bibliographical, exploratory and documentary research, which uses the inductive-deductive method.