Herança digital : um novo olhar ao direito sucessório.

Abstract

This article have like focus the Digital Inheritance, their peculiarities, enabling a new look to the inheritance law and objectifies the analysis of the aspects which evolve this branch of the Law, in the face of the possibility or not of including the digital assets in the inheritance sharing. In these terms, inquire, given the Brazilian legislation gap, have the possibility of inclusion of the digital heritage as part of the inheritance passed to the heirs by the Inheritance Law? The approach method is the deductive, since the research depart from general assumptions about the Inheritance Law and the heritage considered shareable in Brazil according to the current legislation, to clarify the peculiarities of Digital Inheritance. Is of a fundamental importance the study of the subject in comment, since the Digital Inheritance already is a reality faced in Brazil, however, although the constant growth of the apparatus of assets considered as digitals, the Brazilian legislation is silent in front the theme, by this reason, intended to instigate the discussion in relation to the ramifications that compose the Digital Inheritance, as well as, analyze the possibility or impossibility of inheritance transmission of the digital assets accumulated in the course of the online life of the deceased.