Changes in the inheritance rules and the sharing of goods involving spouses will be analyzed by the Senate in the project of the new Civil Code. Among other points, reform in current legislation creates the concept of “digital inheritance” and excludes spouses from the necessary heirs list.
The proposal presented in the Senate creates the idea of “digital heritage”, which includes “intangible and immaterial assets, with content of economic, personal or cultural value”. This is the case of digital assets, such as electronic or crypto currencies, and even digital scores such as aerial miles, and cyber games.
Digital heritage also considers passwords, financial data, social networking profiles, accounts, conversation files, videos and photos, scoring on reward programs and other goods.
HAS CNNthe lawyer and rapporteur of the Commission of Jurists who analyzed the bill, Flávio Tartuce, said that current laws do not contemplate digital heritage, which may undermine heirs succession rights.
“Today we have nothing about this theme [na legislação]. So, by the absence of law, what is the conclusion of the judiciary? That when we die these rights die with us. It is a solution, in my vision, unfair, but it is the possible solution in today’s system, ”he said.
Due to the lack of legislation, Tartuce claimed to be “urgent” the need to update legislation to contemplate rights in the digital world.
“How much money, capital, do we lose for the absence of prediction about this theme? It is urgent that we deal with this digital heritage, the digital inheritance, and the transmission to the heirs and even the possibility transmitted by seeing in life,” he said.
By the text presented in the Senate, in case of death, private messages stored in a virtual environment cannot be accessed by the heirs – unless there is a prior guidance from the author of the inheritance. For access, the project establishes judicial authorization and proof of need.
The proposal that reformulates rules of the Civil Code was prepared by a jurist commission. The board was created by the then president of the Senate, Rodrigo Pacheco (PSD-MG), in August 2023. The reform bill was officially presented by the senator in January this year. The text is still awaiting an order from the presidency of the house to move forward.
Spousal rights
The project of the New Civil Code proposes changes in the hereditary vocation order. In practice, spouses and companions lose the right to receive inheritance as “necessary heirs”, which are considered only parents and children (ascendants and descendants).
Nevertheless, spouses and cohabitants are still foreseen in the order of legitimate hereditary succession. They are thirdly after the descendants and ascendants.
Another change provided for in the project is the end of the right of inheritance of spouses to so -called private goods – which the other part of the relationship had before marriage or stable union.
For the lawyer and vice president of the Brazilian Institute of Family Law, Maria Berenice Dias, the change is positive. THE CNNShe stated that current legislation allows what she called “unjust enrichment.”
