A proteção dos direitos de personalidade de terceiros através da herança digital.

Abstract

This monographic work focuses on the analysis of the impacts and protection of the transmission of digital heritage in Brazil, against the personality rights of third parties, given the growing inclusion of the digital medium in people's daily lives as a means of work and perhaps mainly as a communication tool. The discussion then arises of how the sharing of digital assets generated in the virtual world would occur at the time of the owner's death, and also whether the rights of personalities and third parties would be guaranteed in this transmission. To accomplish this task, the deductive method is used, given that the starting point consists of the inheritance law currently provided for in the legislation (general part), in order to carry out a specific analysis regarding Digital Heritage and rights of personality. Finally, it can be said that, in the face of a legislative gap, personality rights are vulnerable with technological advances in view of the wide range of digital assets created in the virtual world and their possibility of transmission, thus requiring regulation on the subject.