A destinação de bens digitais post mortem: conflitos entre a sucessão dos herdeiros e os direitos da personalidade do usuário de cujus

Abstract

This article addresses the Brazilian law question regarding the destination of post-mortem digital assets of the user and possible offenses against very personal rights. It aims to analyze the extent to which the heirs' right to access these assets is legitimate without violating the privacy, intimacy and image of the deceased person. And in the event of an offense, how the jurisprudence handles the principles of proportionality and reasonableness to accommodate different fundamental rights. It also aims to investigate if the current succession legislation combined with the General Data Protection Law are sufficient to regulate the destination of digital heritage in Brazil, in the absence of a specific law.