LEGAL STUDY ON THE DIGITAL HERITAGE OF SOCIAL NETWORKS

Abstract

The topic of digital inheritance on social media is gaining relevance in light of the growing digitalization of life and the lack of specific regulations in Brazil, generating legal uncertainty. The general objective of this study is to analyze the challenges and propose solutions for the succession of digital profiles in light of Brazilian law, considering patrimonial and extra-patrimonial aspects. The methodology was based on doctrinal review, case law analysis and examination of bills, with a focus on the principles of Inheritance Law, data protection and privacy. The results indicate that digital assets, although recognized as part of the estate, lack uniform legal treatment, leading to divergent judicial decisions on access and transfer. It was identified that the will of the owner, when expressed in wills or directives, is crucial to resolve conflicts, but the lack of specific legislation makes it difficult to harmonize the rights of heirs and protect the memory of the deceased. It is concluded that the creation of clear rules, inspired by international models, is essential to guarantee legal certainty, respect private autonomy and balance patrimonial and emotional interests. The study reinforces the urgency of updating the legal system to include digital inheritance, ensuring the proper transmission of these assets and the preservation of human dignity in the virtual environment.