Herança digital e a proteção de dados post mortem: uma análise jurisprudencial nos tribunais superiores à luz da lei geral de proteção de dados

Abstract

This study aims to analyze contemporary legal challenges related to digital inheritance and the protection of personal data after the data subject’s death, in light of the Brazilian General Data Protection Law (Law No. 13.709/2018) and the case law of the Superior Courts. The research is justified by the increasing digitalization of human relations and the urgent need for adequate legal regulation concerning the succession of digital assets, considering personality rights, particularly intimacy and privacy. The central hypothesis argues that heirs’ succession rights cannot override the personality rights of the deceased, whose will remains a decisive element in judicial decisions on the fate of their digital data. This qualitative and bibliographical research is based on doctrinal, legislative, and jurisprudential analysis, highlighting the scarcity of superior court decisions and the importance of more specific regulation, especially in Bill N. 4/2025. The findings indicate that, although jurisprudence has advanced in recognizing the importance of the deceased’s will and post-mortem data protection, significant progress is still needed to develop a legal framework that balances succession rights with the safeguarding of privacy and personality.