Digital heritage and Post Mortem access - without authorization - to social network accounts by heirs

an afford to the fundamental right to privacy and intimacy

Abstract

The modern world has brought technological innovations that have changed the means and forms of social relationships in the last decade. Thousands of technological concepts have spread around the world, things that have been considered by man for a few years. In this sense, the relationship between us can be much more positive and cannot continue, leaving gaps in the Judiciary for possible interactions that may occur arising from these situations. All these specific circumstances can be specific through legislation, mainly through the use of analogy and definition, adjusted to a large number of cases, so large to unburden the Judiciary. This article has as its object the possibility of access to social network accounts after the death of the author of the inheritance by the heirs, given that there is currently no analysis on the subject. The present research, in view of the deductive method, in view of the use of the premise of granting access as social networks of the deceased person to be considered or not an inheritance according to the right of privacy of the cujus, that is, the right of privacy of the cujus, the Brazilian legal system. However, in Brazil there is no relevant legislation and decisions on the matter are still up to the Judiciary, that said, the eventual of the accounts would defy the principle of privacy and intimacy.