O Direito Comparado entre Brasil e Espanha na Análise da Herança Digital e Seus Desdobramentos

Abstract

The exponential advance of information technologies and the increasing use of the Internet in everyday life, especially for the storage of material that may or may not be of a patrimonial nature, coupled with an archaic regulatory system regarding inheritance law, both in Brazil and Spain, has brought constant problems of practical order regarding the destination of the “virtual goods and rights” of the “de whose”. Thus, the objective is to briefly analyze the Spanish and Brazilian regulatory systems regarding the ‘digital inheritance’, finding that the current rules are innocuous for an adequate practical solution. The theoretical and historical method was used, which consists of consulting works, journal articles, electronic documents, as well as legislation pertinent to the subject in both countries. We also analyzed how digital law emerges as a new branch of law and which assets can be inherited, never leaving aside privacy in the digital age, human dignity, and the rights of personality, intrinsic to the owner of the digital asset, which endure even after his death.