Herança digital e a proteção de direitos personalíssimos Post Mortem

Abstract

This work aims to analyze the institute of digital property and its possible impacts on the personality rights of the author of this property. It is the possibility of the digital collection accumulated by the deceased throughout their lives to compose the heritage that will be inherited by their successors. The doctrine calls this collection “digital assets”, as well as dividing them into two categories: digital assets with economic value and digital assets without economic value. With regard to digital assets of economic value, it was found that there were no doctrinal divergences on their succession, given their patrimonial character. With regard to digital assets with no economic value, the impediments for these to integrate the deceased's inheritance were found. Initially, because they are not heritage assets. Also, because there is a dispute between the heirs and as digital platforms because they do not recognize them as accounts hosted on their websites as a good for the user, but only as a mere use license. Finally, by virtue of its strictly personal character, possible access and use by the heirs to the deceased's digital accounts violate very personal rights such as image and privacy. It is concluded that there is a need for a law to regulate a matter, and the will is the best way, albeit momentary, to resolve disputes.