O DESTINO DOS BENS DIGITAIS PÓS-MORTE: UMA ANÁLISE DAS DECISÕES DE SEGUNDA INSTÂNCIA DOS TRIBUNAIS BRASILEIROS

Abstract

ABSTRACT: The present research aims to address the topic of the destination of post-death digital assets, analyzing second instance decisions from Brazilian courts, through research on the case law platforms of the Courts of Justice of Brazil, using keywords such as "digital inheritance", "digital memory" and "social networks". Despite the search found 717 decisions, only 09 were effectively related to the transmission of digital assets after death. The results reveal that the courts present conflicting understandings on the subject, evidencing interpretative gaps and the absence of specific regulation. A predominance of disputes involving existential digital assets was identified, such as profiles on social networks, photos and videos, while the inheritance of digital assets has not been explored yet, evidencing that there is no destination to such assets. Therefore, the study concludes that clear legislation is crucial to regulate the succession of digital assets in Brazil, enabling the right to inherit assets, patrimonial and existential ones, but also preserving the right to the image and privacy of the deceased person.

Keywords: Digital Heritage; Lawsuit; Legislative absence.