Succession of Digital Rights in Brazil: In Search of Appropriate Legal Treatment

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Dóris Ghilardi
Dóris Ghilardi
2
Jorge Nunes da Rosa Filho
Jorge Nunes da Rosa Filho

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The digital age steadily expands its horizons, requiring constant adaptations in the social, political, economic, and legal spheres. At present, one acquires goods and services over the internet; works remotely; stores documents in the cloud; invests in cryptocurrencies; interacts through social networks; publishes photos, videos and messages. All these digital assets challenge the law in several aspects, including their fate after the user’s death. Focusing on the issue of digital inheritance, this article aims to analyze the succession of digital assets. In the absence of a specific law, traditional legal categories of civil law and inheritance theory are revisited in order to accommodate these assets, and to present solutions proposed by foreign law -legislation and judicial decisions -in order to seek guidelines for the adequate treatment of the subject in Brazil. Given the complexity of the matter in question, we conclude that there is an urgent need to regulate digital inheritance taking into consideration its specific features, such as the mixed nature of the assets that compose it.

Funding

No external funding was declared for this work.

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The authors declare no conflict of interest.

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No ethics committee approval was required for this article type.

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Not applicable for this article.

Dóris Ghilardi. 2026. \u201cSuccession of Digital Rights in Brazil: In Search of Appropriate Legal Treatment\u201d. Global Journal of Human-Social Science - A: Arts & Humanities GJHSS-A Volume 22 (GJHSS Volume 22 Issue A4): .

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Alt text: Brazil digital rights research article focusing on legal and societal impacts.
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-A Classification: DDC Code: 323 LCC Code: JC571
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v1.2

Issue date

May 18, 2022

Language

English

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The digital age steadily expands its horizons, requiring constant adaptations in the social, political, economic, and legal spheres. At present, one acquires goods and services over the internet; works remotely; stores documents in the cloud; invests in cryptocurrencies; interacts through social networks; publishes photos, videos and messages. All these digital assets challenge the law in several aspects, including their fate after the user’s death. Focusing on the issue of digital inheritance, this article aims to analyze the succession of digital assets. In the absence of a specific law, traditional legal categories of civil law and inheritance theory are revisited in order to accommodate these assets, and to present solutions proposed by foreign law -legislation and judicial decisions -in order to seek guidelines for the adequate treatment of the subject in Brazil. Given the complexity of the matter in question, we conclude that there is an urgent need to regulate digital inheritance taking into consideration its specific features, such as the mixed nature of the assets that compose it.

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Succession of Digital Rights in Brazil: In Search of Appropriate Legal Treatment

Dóris Ghilardi
Dóris Ghilardi
Jorge Nunes da Rosa Filho
Jorge Nunes da Rosa Filho

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