Desafios jurídicos acerca da transmissibilidade de bens digitais

Abstract

The digitalization of life has brought profound changes to the way we relate, express ourselves, and build our assets. In this new context, the succession of digital assets has become a growing concern in the legal field, especially given the lack of specific rules that guide their transferability after the death of the owner. This paper analyzes the main legal challenges related to digital inheritance in the Brazilian legal system, considering that many of these assets, such as social media profiles, cloud files, and electronic games, have patrimonial, affective, or symbolic value. The research adopts a qualitative approach and deductive method, based on doctrinal, jurisprudential, and normative reviews. The conflicts between the rights of heirs and the personality rights of the deceased are discussed, in addition to the difficulties imposed by adhesion contracts of digital platforms, which often restrict access to content by family members. The distinction between patrimonial and existential assets in the virtual environment is also addressed, highlighting the need for differentiated legal treatment. It is concluded that it is urgent to create a legal framework that offers legal security, respects the memory of the deceased and ensures the rights of those who remain, given the growing relevance of digital assets in contemporary life.