Herança digital: a tutela do corpo eletrônico e os limites da atuação dos sucessores do de cujus à égide dos direitos personalíssimos

Abstract

This article aims to discuss the transmissibility of digital assets and digital heritage constitution, understand the limits of access and action of successors on the digital assets upon the death of the holder considering the lack of specific legislation in Brazil. Therefore, present research from the literature on the concept of the electronic body of the person developed by Stefano Rodotà, the principle of private autonomy, the classification of subjective legal situations patrimonial, existential or hybrid, as well as some complexities that surface from the subject, mainly concerning rights of personality and their reflexes especially that of privacy and intimacy of the deceased and third parties who confided their personal information and intimacies. Finally, seek to present a proposal for parameterization of the succession of digital assets which is based on some premises.