The right to digital heritage and the privacy of de cujus

Abstract

This article seeks to verify the existence of a possible conflict between the right of the heirs and the right to privacy of the deceased when the object of sharing is the digital inheritance. As this institute still does not have legislative force through legal norms, it begins in an impasse between the two mentioned rights. Initially, the concept of inheritance will be understood in general, with emphasis on the concept of digital legal assets, to later analyze the digital inheritance and its effect on the Brazilian legal system. Then, part to the right to succession of the digital inheritance of the heirs and the right to privacy of the deceased, focusing on the provisions of the Civil Code and the Federal Constitution of 1988. Finally, the possibility of sharing the inheritance is analyzed. digital heritage and doctrinal opinion on the subject, especially with regard to legislative proposals on this institute. The methodology is deductive and has qualitative analyses, based on bibliographical research carried out by reading scientific doctrines and articles.