Herança digital e sucessão legítima: a sucessão dos bens armazenados no âmbito virtual e a ponderação entre o direito sucessório e o direito à privacidade de terceiros

Abstract

Society has been undergoing such an evolution in all its aspects, especially in the advances related to technology and information, that there have been notable changes in habits among individuals and within the population in regard to virtual environments. As a result, Law is daily challenged to follow this gigantic evolution and remain effective in the midst of transformations directed toward the digital world. In view of this scenario, the main goal of this thesis is to analyze the right to digital inheritance and conciliate it without interfering in the right to privacy of third parties. Thus, it is observed that both rights should be weighed in specific cases, due to the conflict that exists between the previously mentioned guarantees, which are essential. The solution that was found is the prevalence of one Right over the other and, in this case, the Right to privacy of third parties will be valued, in order to avoid major losses. For this, the method used in this approach was the deductive one, together with field research and the collection of bibliographic data.