O impacto dos bens digitais no direito sucessório, sob a ótica do princípio da privacidade

Abstract

The present paper aims to analyzes the compatibility between the privacy principle and the protection over the conveyance of digital assets by the legal system. In the current conjuncture of technological development, the society transfers a part of its socioeconomic relations to the virtual environment. The exchange, the consumption and the storage of digital assets are becoming an essential part of human interaction. These digital assets begun to have effects that encompass characteristics of the patrimonial and the personality spheres of the individuals, or both, which would engender the defense of the right to privacy. As they can have economic value, it is in the owner’s of these and his heirs, that they occur after death. It was concluded that in the Brazilian legal system does not exist specific legislation that delimits digital inheritance. In opposition to the general rules of sucession law, the subject is currently regulated in contractual clauses by the terms of use and/or privacy policy. Therefore, the present article, through qualitative research that starts in the bibliographic/documentary review, argues for the necessary observance of the privacy principle while the legal system provides for the transferability of digital assets, considering specific facts and situations that surround them.