Luto digital: os direitos fundamentais de personalidade e privacidade do de cujus versus o direito à sucessão dos herdeiros em relação ao acervo digital

Abstract

Digital mourning is a contemporary phenomenon that arises at the intersection of losing loved ones and the omnipresent presence of technology in modern life. It refers to the process of dealing with the passing of a person in a digital context, including the management of their accounts, profiles, and online activities. In this sense, it is observed that the advent of social networks, social media platforms, and cloud storage services has led many individuals to maintain an active digital presence throughout their lives. This presence may encompass photos, videos, messages, interaction records, and other content that constitute a significant part of their digital identity. Therefore, the aim of this research is to present the unique challenges that digital mourning poses, using bibliographical references and related legislation. In this context, the first chapter will present the relationship between the general theory of personality rights and privacy with the protection of social networks post mortem, highlighting the theories of related fundamental rights as well as the right to privacy and the protection of social networks. Subsequently, it is necessary to clarify the succession aspects and how it implicates digital inheritance. Finally, digital mourning and conflicts in relation to the succession of the digital estate in the face of fundamental rights will be addressed, ranging from clarifications of what this mourning would be, as mentioned above, to legal gaps regarding this topic. In this way, bibliographical material will be used, which is carried out from the already available records, conducted from previous research, in printed documents such as books, articles, theses, and monographs.