Herança digital e a análise sucessória dos bens digitais existenciais

• Autor(a) principal: Thomé, Anna Beatriz Beck
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/32896
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direito das sucessões; Internet; Direito digital; Herança digital; Bens digitais; Transmissão; Law of probate and succession; Internet; Digital law; Digital heritage; Digital assets; Transmission

In view of the accelerated technological evolution and the introduction of new forms of social interaction, the lack of solid legal guidelines in the digital environment has repercussions in a way that generates numerous legal situations. As the main object of study in this paper, the legal repercussion in the sphere of succession law deserves attention. The reason for this is directly related with the number of cases involving digital inheritance, which tends to increase through the years. Therefore, in view of the non-existence of specific normative guidance on the subject in Brazil, as well as the emergence of new types of legal assets, such as digital assets. There are two predominant positions about digital assets, which are the total transmissibility of the digital collection and the non-transferability or partial transmissibility of assets accumulated in the virtual space by the deceased. Based on the arguments presented by each of these currents, we analyze which emerges as the most appropriate in view of the practical, national and international reality. In this sense, the work is organized according to the hypothetical-deductive method, that is, it was carried out according to a chain of downward reasoning, starting from a general analysis based on doctrinal, jurisprudential and legal research in Succession Law, as well as Digital Law, to a particular analysis involving the application of general concepts to the notion of Digital Heritage, to the conclusion as to the transmission or not of ‘digital assets’, especially existential ‘digital assets’