A HERANÇA DIGITAL E OS DIREITOS DA PERSONALIDADE: DESAFIOS DAS TECNOLOGIAS CONTEMPORÂNEAS

• Autor(a) principal: RENATA MANSAN DOS ANJOS
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/7007
• topic: Direitos da personalidade; sucessão; herança Digital.; Ciências Humanas

This study is dedicated to the analysis of digital inheritance and its repercussions on personality rights, within a context marked by technological revolution. It explores the growing accumulation of digital assets throughout an individual's life, with a particular emphasis on safeguarding privacy and dignity after death. Considering that the death of a human being has relevant legal consequences in Brazilian legislation, it was necessary to analyze the stance regarding the nature and scope of personality rights and to identify which rights are affected due to death, with a focus on the discipline of succession law. Finally, it examined the potential harm of contemporary technologies in relation to the framework of personality rights and succession law. The methodology adopted in this work is a literature review, aiming to provide a comprehensive and well-founded understanding of personality rights and their legal effects after death. Various sources, including books, scientific articles, doctrines, and related legislations, were consulted to analyze different perspectives and academic contributions. Consequently, it was found that the nationally codified succession law does not encompass the entirety of digital assets within the current post-pandemic context, leading to gaps in the Brazilian legal system that fail to account for the virtual dimension affecting death and the law.