Análise sobre a (im)possibilidade jurídica da sucessão de conta na rede social Instagram como herança digital

Abstract

Data storage in the digital environment is a reality without regression, even though there is no materialization of virtual content, it has had a direct impact on the national legal system, demanding innovations. This final course work has the general objective of analyzing one of the issues arising from this mentioned technological advance, that is, the (im)possibility of the succession of the social network Instagram as a digital inheritance. The specific purposes consist of establishing an overview of legal assets, detailing the classification of digital assets (patrimonial, hybrid and existential), investigating how the protection of this digital collection inserted in Instagram is given in view of the personality rights of the deceased and third parties who interacted with him, when he was alive. It has as theoretical and methodological support an exploratory and qualitative approach, with bibliographic research in doctrines, articles, theses, legislation such as the Civil Code and the General Data Protection Law and relevant case law. It was found that the existing legislation represents considerable progress in digital law, but it does not address the proper treatment that these digital assets should receive after the death of the Internet user, whether they should disappear with him or be inherited. Thus, the protection of personality rights, the expressions of last will and testament, and the guidance provided by the guidelines and policies of the social network itself, gain relevance in the decisions handed down by Brazilian courts