Herança Digital: Conflitos entre Herdeiros e os Direitos Fundamentais e da Personalidade do de cujus

Abstract

Given the technological evolution and the incorporation of digital media into the routine of the population, it is essential to deal with the assets acquired or kept in the virtual environment, that said, the scope of this study is to analyze whether the heirs have the right to access the accounts of the deceased or if this access violates the right to privacy of the deceased. To this end, documentary and bibliographic research was used, such as articles in periodicals, doctrines and decisions rendered by the Judiciary. In the absence of legislation that regulates the transmission of digital assets to heirs, a scenario of legal uncertainty arises, which makes effective regulation increasingly necessary to ensure the exercise of heirs' rights and the protection of those who have passed away. As a result, it was found that, in the current context, case law understands that access to digital assets can violate the privacy of the deceased, with the conflict raised being an obstacle to the transmission of digital inheritance and that, despite still being under analysis, the draft to revision and update the Civil Code is capable to resolve conflicts and put an end to some discussions, having as the main criteria for the resolution of these conflicts the economic value of digital assets and the will for the deceased, which has also been adopted by the courts and doctrine