Morte e luto na Internet: para além da herança digital

Abstract

The present study aims to present propositions for the legal treatment of Internet content after the death of the user from the deconstitution of the paradigm of "digital inheritance". It is based on the premise that strictly inheritance and patrimonial treatment is not enough to solve all the questions that arise in this area, insofar as the problem involves the postmortem protec-tion of the personality rights and the personal data of the user, which must to be considered, especially as a result of the relevance that has been getting to the protection of privacy nowa-days. In this sense, the idea of transferring and unrestricted access of family members to the de cujus accounts, anchored in the post-mortem patrimonial transmission logic, finds obstacles in the protection of the rights of the personality, which remain after death as a relevant interest to be protected. Thus, in view of the legislative gap in the Brazilian legal order, we must pursue a hermeneutical orientation that will reconcile technological advances with the protection of the person, under the mantle of the general clause of protection of human dignity contained in art. 1º, subsection III of the Constitution of the Republic and the constitutional principles, based on the differentiation of patrimonial and existential legal situations.