Herança digital e o anteprojeto do novo código civil: desafios, propostas e perspectivas para a legislação brasileira

Abstract

Technological advancements have brought profound changes to society, requiring civil law to adapt to new dynamics, particularly in the field of inheritance law. The lack of specific regulation for digital assets, such as social media accounts, digital currencies, and cloud-stored files, highlights a legal gap that urgently needs attention. The draft of the new Brazilian Civil Code represents an opportunity to modernize the legal framework, addressing issues such as the definition of digital assets, access to password-protected accounts, terms of use for digital platforms, and data protection considering the General Data Protection Law (LGPD). Beyond legal matters, the emotional and social impact of transferring digital assets calls for a multidisciplinary and sensitive approach. The analysis of regulatory gaps and the proposals for digital inheritance aim to align legislation with the demands of an ever-evolving digital world, contributing to the legal and academic debate and offering modern and ethical solutions for inheritance relations in the technological era