Digital Heritage In Brazil And The Treatment Of Cryptocurrencies And Bitcoins As Digital Assets

Abstract

This article deals with digital inheritance in Brazil, based on an approach to the definition of transmissible goods by the principle of saisine, the definition of heritage and digital goods, as well as of Act 4099/2012 and Bill 7742/2017, still pending before the National Congress, which aim to change the law of the Civil Code and the Brazilian Civil Rights Framework for the Internet to include the possibility of transmitting all the contents of accounts or digital files to the heirs without the need for a will. Bringing aspects of what are considered digital goods and how these goods can be treated today, whether they can be declared in wills, whether they can be transmitted between heirs and how this transmission occurs. For this, the deductive method was applied, with bibliographic research and through quantitative inferences when analyzing and investigating in practice three public notaries in the city of Curitiba for the treatment of digital will in order to analyze how cryptocurrencies are being approached and if are considered as digital goods. It was concluded that cryptocurrencies can be considered as digital goods due to the patrimonial value attributed and consequently left in a will or as part of the legitimate to the heirs.