Digital Heritage: An Effectiveness Analysis of the Nation Law

The intent of this paper is to analyze how Brazilian law deals with the digital heritage through a literature search, running through the way such an institute occurs on the actual legal system, and verifying if the need of a more specific regulation to attend its particularities does exist. The institute of succession has been present in the humans relations since the beginning of life in society and its rules and specifications are well sedimented within the patriotic legal system. The question that has been arising is about the fast increasing of digital relations, in special during de pandemic years, that has lead every day more people to flood the net with more information, that way generating a new kind of assets, the digital assets. This kind of assets is situated in a grey zone in the legal system, what makes it difficult to define its nature. That way, it’s essential to certificate that the contractual liberty that reins the relation between platforms and users, do not harm the individual’s rights. To reach a solution to the existing impasses, guaranteeing this way the fundamental right to inheritance assured in the Federal Constitution, is needed to understand the topic more deeply.