A transmissibilidade dos bens digitais: análise jurídica da herança digital no Brasil e experiências internacionais

Abstract

This article examines digital inheritance within the Brazilian legal system, analyzing the transmissibility of digital assets, their classifications, the conflicts between succession law and the right to privacy, as well as legislative solutions and technological platforms suitable for digital estate planning. Based on a bibliographic review, documentary analysis, and a critical study of international experiences, the research identifies significant regulatory gaps, particularly due to the absence of specific provisions in the Civil Rights Framework for the Internet (Marco Civil da Internet) and the General Data Protection Law (LGPD). The study demonstrates that the succession of digital assets involves both patrimonial and existential aspects, requiring systematic interpretation and technical parameters of protection. The main legislative bills on the subject and the proposals presented by the Committee of Jurists responsible for the Civil Code reform are also addressed, emphasizing the importance of creating proper legal categories and defining clear criteria for post-mortem access. It concludes that digital inheritance represents an emerging challenge and demands balanced regulation capable of reconciling succession interests, personality rights, and legal certainty.