Herança digital: um desafio ao ordenamento jurídico brasileiro

Abstract

This study investigates digital inheritance within the Brazilian legal system, aiming to establish criteria capable of creating a framework that enables the transferability of digital assets. To achieve this purpose, the research is structured into five stages, namely: studying the classical institutes of inheritance law; defining the concept of digital assets; identifying the criteria that should govern the transferability of digital inheritance; verifying the existence of judicial precedents and legislative bills that adopt specific criteria for the transmissibility of digital assets; and, finally, indicating the procedural mechanism to be adopted for the identification, classification, and valuation of digital assets, including the delimitation of relevant procedural issues. As the main results, the study reveals the insufficiency of the traditional succession regime to adequately encompass digital assets, thus demonstrating the need to create specific procedural instruments, such as the establishment of a digital estate administrator and the development of a procedural incident for the identification, classification, and valuation of digital assets. Methodologically, the research adopts the hypothetical-deductive method, using bibliographic and documentary data collection procedures, based on books, legal articles, legislative bills, judicial decisions, and international documents. The study has a qualitative nature, with descriptive and explanatory purposes.