Herança digital e legislação brasileira: uma análise da possibilidade da transmissão do patrimônio digital do de cujus frente aos projetos de lei nº 8.562 de 2017 e nº 4.099-A de 2012

Abstract

Nowadays, advances in technology are changing the way people interact and relate to each other, but unfortunately sometimes the law fails to follow these conditions, leaving gaps for the doctrinators, serving as the basis for the restrict interpretation of other standards, for business of technology to organize their own norms and politics, as well as for magistrates when they face problems involving this subject in the judiciary. What is built in the digital environment is as valuable as what is built in real life, because digital goods also have monetary value and, in most cases, affective value, and there is a questioning about a condition, if after death, these goods, which will be part of both of the property and digital inheritance, is transmitted to the proper heirs, as composition of the patrimony of the deceased or if there is no possibility of such transmission, a question that is part of the Law of Succession in the actual times.