Situação conflituosa denotada entre a privacidade do falecido e a sucessão dos herdeiros na herança digital

Abstract

The process of digitizing life is seen as an inevitable situation of increasingly intensified progress. At this, social relations are created, developed, executed and extinguished at all times, happening entirely through digital media, causing, as a consequence, the accumulation of thousands of data. This study aims, therefore, to verify the feasibility of transferring the assets accumulated in the network, which are part of the digital heritage of the deceased, in view of the protection by the fundamental right to privacy. Therefore, we seek to initially examine the essence of virtual goods, and, later, focus on the digital heritage and the plausibility of assigning goods categorized as intangible, given the right to privacy of deceased and third parties. It seeks to highlight the deficiency of draft laws related to the topic, as well as the lack of current bills to solve the controversy regarding the conflict between the right to succession and the right to privacy. In view of the legislative gaps, the necessary activity of the magistrate and law operators is highlighted in order to deliver a fair response to the specific cases, and the magistrate must, for this purpose, carefully analyze the rights covered and the consequent risk of unfounded disrespect for the privacy of the deceased and related third parties. To achieve the project, the dialectical approach method is used, with a view to better suitability to provide a basis for better dynamic interpretation. In relation to research, the bibliographical modality was constructed, developed through the study of scientific articles, doctrines, and legal publications in order to scrutinize the topic.