Análise jurimétrica da sucessão de bens digitais com base em decisões jurisprudenciais brasileiras

Abstract

Abstract: Digital inheritance is a relatively new topic within Brazilian law, posing significant legal challenges to the succession of digital assets in light of the absence of specific regulations and the still undefined concept of “digital inheritance.” The growing use of the internet has given rise to a variety of virtual assets (social media accounts, cryptocurrencies, cloud-based files) that increasingly form part of individuals’ estates. In response to this legislative gap, the present study aims to explore how Brazilian courts have been handling disputes on the matter. To achieve this, a jurimetric analysis of case law is undertaken, investigating aspects such as the conflict between fundamental personality rights and succession law. The results indicate that there is still no universal consensus among the courts regarding what exactly constitutes digital inheritance—whether it includes purely economic and/or existential goods—leading, in most instances, to a case-by-case examination. While some courts deny heirs access to these assets by invoking arguments of protecting the deceased’s privacy, others recognize the possibility of testamentary transfer of digital goods, particularly when there is a demonstrable and legitimate interest on the part of the heirs. Lastly, this paper highlights the need for clearer regulation and greater awareness of digital succession planning, as ways to reconcile the decedent’s private autonomy and the safeguarding of personality rights, even after death.