A possibilidade de acesso aos dados privados no perfil do facebook de usuário falecido: colisão entre o direito à privacidade e o direito à herança

Abstract

With the advent of the Internet society has evolved in all aspects, and one of the great challenges of law is to follow all these transformations. In this scenario, which inaugurated the so-called Digital Age, social networks emerge, which take up valuable space in our lives, and brings up big issues that were not even discussed before. In this way, this work deals with the possibility of access of the heirs to the private data of the deceased's profile on Facebook, since this situation creates a conflict between the right to privacy and the right to inheritance, since the solution found will cause the prevalence of a on the other. The idea to discuss this issue comes from the lack of specific legislation, causing diverse understandings on the subject. Throughout this work were analyzed legal devices, books, articles of the internet, and presented some real cases on succession on Facebook. At the end of the work, after the due conceptualizations and understandings, the solution considered more adequate according to the technique of weighting is presented.