Herança digital no ordenamento jurídico brasileiro: análise acerca da (in)transmissibilidade de perfis pessoais monetizados aos herdeiros do usuário

Abstract

The growing digitization of social relations has considerably modified the traditional forms of communication and the accumulation of goods and information. In this context, new demands arise in succession law, especially with regard to the possibility of post-mortem transmission of assets stored in the virtual environment. Given the absence of a norm regulating the matter and the numerous problems involved with the theme, this paper seeks to analyze the possibility of causa mortis succession of monetized personal profiles, to the extent that accountsthat before functioned only to display photos and videos have become usual means of obtaining income, and can even function as the main income of a family. Considering that personal profiles with patrimonial features are increasingly common in social reality, the discussion of the theme becomes significant and necessary to solve questions that may soon be taken to court.