LEGITIMATE SUCCESSION OR PERSONAL RIGHT: QUO VADIS DIGITAL INHERITANCE?

Abstract

This research aims to analyze the approach of digital inheritance in legal literature and national jurisprudence, with a focus on economic and sentimental/affectionate aspects. The methodology used was a narrative review of the literature and analysis of jurisprudence, collecting data through research on legal databases and official documents from Brazilian courts. The analysis was descriptive and interpretive, identifying the main arguments presented and decisions made by judges regarding digital assets. The findings indicate that digital inheritance is a recent and underexplored topic in legal literature, but can be understood as an extension of traditional inheritance, with its own characteristics. The main challenges for the Brazilian judiciary regarding digital inheritance include the lack of specific legislation on the subject, which can lead to different decisions in different cases, as well as technical complexity and data privacy involved in managing and transferring digital assets. Additionally, it is necessary to consider the diversity of online platforms and services, each with their own privacy policies and terms of use, which can make it difficult to administer digital inheritance and guarantee the rights of heirs.