Herança digital: desafios do atual ordenamento jurídico brasileiro diante da digitalização do patrimônio

Abstract

The present article had as its main perspective the discussion about the transmission of assets from the digital estate after the death of its holder. With technological advancements and the migration of relationships to the virtual environment, a challenge arises for the Brazilian legal system regarding the transmission of said digital assets. Succession law and the definition of property are directly influenced and modified by new technologies. The new definitions of family

bring social advancements while also playing an essential role in defining the legal framework governing successions. Thus, this article aims to demonstrate the need for Brazilian civil law to adapt to new changes and social realities. Assets and information being increasingly digitized and non-existent in the analog medium only create challenges for the succession of such assets with economic or even emotional value, as with inadequate transmission after the death of the holder, they end up losing their social value. To conduct the study, it was essential to employ theoretical bases obtained through national bibliographic research, such as doctrines and articles. The deductive research method was used along with methodological processes involving legal dogmatic study.