Banca de QUALIFICAÇÃO: KARINA DE SOUZA VASCONCELOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : KARINA DE SOUZA VASCONCELOS
DATE: 14/03/2023
TIME: 13:00
LOCAL: ON-LINE
TITLE:

DIGITAL HERITAGE: THE LIMITS AND POSSIBILITIES FOR THE LEGAL PROTECTION OF HYBRID DIGITAL ASSETS

KEY WORDS:

Digital assets; Hybrid digital assets; Digital heritage; Transmission causes death.

PAGES: 129
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Privado
SPECIALTY: Direito Civil
SUMMARY:

The issue of digital inheritance has raised many questions in the legal environment, especially inheritance law, as there is still no specific regulation dealing with the matter. In this sense, based on the constitutionalized interpretation of civil law, this work aims to bring some solutions compatible with the Brazilian legal system, for the theme of digital inheritance, in particular on the transmission causa mortis of hybrid digital goods, as they have a complex nature and because they are the main cause of the existence of conflicting judicial decisions as well as divergent doctrinal currents. Thus, through the deductive methodology of the bibliographic review and based on the analysis of civil law, in its constitutional perspective, this research approached works, scientific articles, scientific journals, reports and bills on the subject. In order to achieve the objective of this research, it was also necessary to analyze some situations arising from the existing contractual relationship between the user and the digital platform and its post mortem legal effects. Bearing in mind that the existing bills pending in the National Congress do not exhaustively solve the problems arising from the post mortem transmissibility of digital assets, the text proposes parameters, with different solutions, for the patrimonial aspect and the aspect existentiality of digital goods. It is known that Brazilian law protects the right to inheritance, provided for in article 5, item XXX of the Constitution of the Republic of 1988. In this way, the patrimonial digital assets and the patrimonial aspect of the hybrid digital asset are the object of causa mortis succession, a since they reflect economic interest, and consequently integrate the so-called digital heritage. In relation to existential digital goods and the existential aspect of the hybrid digital good, the rule, in these cases, is that of non-transferability causa mortis, except in cases where the user has left an act to the contrary or an heir contact with the platform digital. But even in these cases, the private messages of the deceased should be inaccessible to the heirs, given that the Brazilian legal system protects, in addition to the privacy of the deceased, that of third parties with whom he communicates, based on article 5, items X and XII of the Constitution of the Republic of 1988, except by court order.

BANKING MEMBERS:
Interno(a) - 3289832 - JOSE BARROS CORREIA JUNIOR
Interno(a) - 2280141 - JULIANA DE OLIVEIRA JOTA DANTAS
Interno(a) - 3497763 - MARCOS AUGUSTO DE ALBUQUERQUE EHRHARDT JUNIOR