Analysis of the absence of brazilian legislation regarding post-mortem digital inheritance, with an analogy to the digital privacy of the decedent

Abstract

Digital inheritance refers to a set of digital assets that an individual leaves behind upon death. However, there is no specific legislation in Brazil to regulate the transfer of such assets. This legislative gap creates legal uncertainty and poses challenges in resolving succession matters in the digital environment. In addition to highlighting the need to revise the Brazilian legal framework, this study examines the implications for the privacy and intimacy of the decedent. Given that the decedent may have maintained social media accounts during their lifetime — which can, in some cases, generate income — questions arise not only about their economic value but also about the management and persistence of such profiles. Even when there is no financial aspect involved, concerns emerge regarding how long these accounts should be maintained and the extent to which family members should have access to deeply personal information. The objective of this research was to analyze existing succession legislation to determine whether it adequately safeguards property and personality rights post mortem. The study explores the potential need for legislative reform by examining legal doctrine and identifying what changes might be required to ensure effective post-mortem protection of individual rights, particularly to prevent future credit-related issues tied to succession. Furthermore, the research considered comparative legal approaches, analyzing foreign legislation with a constitutional focus on the protection of the decedent’s privacy. It proposes appropriate adaptations that would balance the right of heirs to access digital inheritance with the fundamental rights of the decedent. This scientific initiation project followed a deductive approach and was conducted through qualitative research, including the review of scholarly articles, legal doctrine, and jurisprudence.