Digital Identity and the Problem of Digital Inheritance: a Legal Analysis of the Limits of the Posthumous Protection of Personality on the Internet from the Point of View of the Brazilian Legal System

Digital inheritance is the set of data, digital assets which, are digitized assets stored in the cloud. There is a demand for new forms of personality rights and inheritance rights that encompass the notion of virtual personality and digital inheritance. Digital legacy is framed in a classification of goods that cannot by economically valued and of goods that can be economically valued. The former would have a predominantly affective value and the rest an undeniable economic value due to the direct possibility of their monetization. In spite of the so alled civil framework for the Internet in Brazil, there are still some legislative gaps involving both personality and virtual inheritance. However, since there is no specific regulation in Brazil, the simple application of inheritance rights to the digital universe affects both the personality rights sphere and some of the most valuable rights and principles guaranteed by the Constitution.