INSTITUTO DA HERANÇA DIGITAL: UM VIÉS SOBRE PARÂMETRO DA PRIVACIDADE E PATRIMÔNIO DO DE CUJUS, COM ANALOGIA AO IMPACTO DA LEI GERAL DE PROTEÇÃO DE DADOS PESSOAIS (LGPD)

Abstract

This paper explores the concept of digital inheritance, focusing on the transmissibility of digital assets, such as social media, photos, videos, and economic assets that generate income and profit after an individual's death. A debate exists between the privacy of the deceased and the family's right to memory, creating challenges for the legal system. To carry out the study, the impacts of the General Data Protection Law (LGPD) on the protection of digital assets and property. Furthermore, the paper reviews pending and archived legislative bills on the subject, compares them with international standards, and examines concrete cases adjudicated in Brazil, which serve as a reference for resolving similar situations in the absence of specific legal norms. The research was developed using a qualitative method, through bibliographic research, based on consultations of academic articles, books, and reliable websites. The study highlights the lack of specific legislation on digital inheritance in Brazil and the need to create norms that protect digital property and the privacy of the deceased, considering technological advancements and judicial decisions in concrete cases. By addressing the conflict between privacy and the limitation of the family's right to access the deceased's, the paper aims to enrich the debate and contribute to future changes in legal norms.