Herança digital e seus desafios frente a ausência de legislação no Brasil

Abstract

This article seeks to address the Digital Heritage and what are its challenges in the absence of legislation on the subject in Brazil. Although there are proposed legislations in progress towards the National Congress, the scenario regarding this matter is in a legal limbo, requiring the intervention of the Judiciary Power to decide on a case-by-case basis. Thus, it is sought to know if the automatic transmission of the deceased's digital collection to his heirs occurs and if the transmitted content would be all that is left by the deceased. To answer this question, three currents on the subject will be analyzed and, thereby, present an answer consistent with the Brazilian legal system.