Herança digital - direito sucessório no ambiente virtual

Abstract

The right to inheritance is guaranteed by the Federal Constitution and inherent to all Brazilians, being a fundamental right. It is based on the right to inheritance and the unique emergence of technology that a new discussion in inheritance law, the digital inheritance, was born. In the meantime, it must be said that the topic is new and, still, little discussed by those who appreciate national law, being a power that becomes ambiguous due to the lack of specific legislation. Currently, the majority of the population builds at least one digital heritage, whether there is economic value or not, in this case the digital heritage left by the deceased must be inherited by their successors, in principle in the form governed by inheritance law. It is through this last foundation that the right to virtual inheritance is argued. In this way, the doctrinal understanding brings the perception of digital law in order to install itself in the national legal system and, consequently, address any type of conflict arising from technology.