O direito sucessório e a sua omissão junto ao mundo digital

Abstract

It was an analysis of digital heritage in the Brazilian legal system. The scope is related to pointing out and proposing solutions for the gap left by the Inheritance Law in the digital world. The theme of recognition or not of digital heritage as an inheritance arising from the death of the holder of an accumulation of digital assets and the difficulty of the Judiciary to apply the norms was also addressed. The method undertaken was inductive, given the observance of concrete cases in the search for particular findings and the research was bibliographical, considering the theoretical study of the available literature. The results indicate that, despite the Brazilian legal system having rules that regulate the internet, civil legislation, when it comes to digital succession, is outdated in the face of the current reality, with the absence of concrete laws, leaving great legal uncertainty. There are suggestions to change this reality, with the creation of Bill No. 1,689/2021, therefore, it is in the process stage in the Chamber of Deputies. From these results, it can be concluded that, although Brazil is taking steps to resolve this gap in the civil sphere, the process is still very slow, resulting in insecurity in society for the preservation of its rights, both for the owner of the goods, as the heirs.