Direito Civil - Aula #377 - Herança Digital (É isso!)

Summary

This video discusses the concept of digital inheritance in Brazil, highlighting the lack of formal laws addressing it. It explores the differences between non-patrimonial (sentimental) and patrimonial (monetized) digital assets. The speaker suggests a system for managing non-patrimonial assets through a legal hierarchy and advocates for treating patrimonial assets similarly to other forms of inheritance, including the use of a will and a digital executor. Additionally, the video mentions that digital inheritance should align with intellectual property law, ensuring that digital assets' benefits continue for up to 70 years after the owner's death.

Takeaways

• 😀 Digital inheritance is not yet regulated by any specific law or regulation in Brazil, and each platform has its own terms for handling digital legacy.
• 😀 For platforms like Google, users can designate someone to manage their account after death via the Inactive Account Manager.
• 😀 Meta (Facebook) allows the transformation of an account into a memorial or its deletion upon presenting proof of the user's death.
• 😀 Apple provides an option to designate a 'Legacy Contact' who can manage the account after the user’s death.
• 😀 There are ongoing legislative efforts in Brazil to recognize digital inheritance, but current proposals focus mainly on amending the Civil Code to recognize digital assets.
• 😀 Digital inheritance can be divided into two categories: non-patrimonial (sentimental) and patrimonial (monetized).
• 😀 Non-patrimonial inheritance involves sentimental value and can either be deleted or preserved. If preserved, it could be made public (like a Facebook memorial) or restricted to specific people.
• 😀 Patrimonial inheritance, which generates income (e.g., monetized content), should be treated like a traditional inheritance under the Civil Code, including income generated after the death.
• 😀 Testamentary inheritance allows for a designated individual (the executor) to manage and distribute the digital assets according to the deceased's wishes, including access to passwords.
• 😀 Digital patrimonial inheritance is subject to copyright law, which establishes a 70-year period for heirs to use the income from copyrighted works after the author's death.
• 😀 While the internet was once considered a lawless space, laws such as the Internet Civil Framework and the LGPD (General Data Protection Law) were created. Similar legislation for digital inheritance is expected to emerge.

Q & A

What is digital inheritance?

Digital inheritance refers to the handling of a person's digital assets and data after their death. These assets can include social media accounts, email, digital content, and other virtual property.

Are there any laws in Brazil that regulate digital inheritance?

Currently, Brazil does not have any specific laws or regulations addressing digital inheritance. However, there are some proposed bills that aim to incorporate digital inheritance into the Civil Code, formally recognizing it but providing minimal guidance.

What do major platforms like Google, Meta (Facebook), and Apple do regarding digital inheritance?

These platforms offer various ways to manage digital assets after a user's death. For example, Google allows users to designate a 'Inactive Account Manager,' Meta allows memorializing a Facebook account, and Apple has a 'Legacy Contact' feature, where a designated person can manage the deceased’s account.

What are the two types of digital inheritance mentioned in the video?

The two types of digital inheritance are patrimonial (assets that generate revenue, such as monetized content) and non-patrimonial (those with sentimental or emotional value).

How should non-patrimonial digital inheritance be handled?

Non-patrimonial digital inheritance should either be deleted or kept, depending on the deceased's wishes. If kept, it can be made publicly accessible (like a Facebook memorial) or restricted to specific individuals, such as family members or legal guardians.

Who should be allowed to manage non-patrimonial digital assets after a person's death?

According to the video, the management of non-patrimonial digital assets should follow the same order as the Civil Code for choosing a curator: first the spouse, second ascendants, third descendants, and fourth collaterals. These individuals are entrusted with protecting the deceased’s personality rights.

What is the suggested approach for managing patrimonial digital inheritance?

For patrimonial digital inheritance, the speaker suggests treating it similarly to other types of inheritance, following the legal framework for both legitimate and testamentary inheritances. This includes naming a testamentary executor to manage the digital assets, ensuring that they have access to the necessary credentials like passwords.

How does the speaker suggest handling digital inheritance in terms of existing legal frameworks?

The speaker advocates for integrating digital inheritance into existing inheritance laws, such as the Civil Code for legitimate inheritance and the concept of testamentary inheritance for assets with monetary value. This would involve legally naming an executor to manage the deceased’s digital assets.

Does the video address the impact of copyright law on digital inheritance?

Yes, the video notes that patrimonial digital inheritance is subject to copyright law, meaning that the revenue generated from digital assets may continue to be collected by the heirs for up to 70 years after the creator's death, following the copyright rules in Brazil.

Why does the speaker think that digital inheritance will eventually be regulated in Brazil?

The speaker believes that, like the early days of the internet where it was considered a 'lawless land,' digital inheritance will eventually be regulated. They reference the legal developments like the 'Marco Civil da Internet' and 'LGPD' as precedents, anticipating similar regulation for digital inheritance in the future.