The PL proposes the amendment of article 1,881, of the Civil Code that deals with Codicilo, a document that presents the manifestation of last will, in which the natural person stipulates guidelines to be fulfilled after his death.
The Bill of Law No. 5,820 / 19, which proposes the inclusion in the Civil Code of digital inheritance and Codicil recorded in a digital sound and image system, is currently being processed at the Chamber of Deputies, and is currently in the Constitution and Justice Commission, awaiting the course. deadline for amendments to the project. The digital heritage, according to the PL wording, is considered as “videos, photos, books, passwords for social networks, and other elements stored exclusively on the global computer network, in the cloud”, dispensing with the presence of witnesses so that provision on it becomes valid.
The PL proposes the amendment of article 1.881, of the Civil Code that deals with Codicilo, a document that presents the manifestation of last will, in which the natural person stipulates guidelines to be fulfilled after his death, such as, funeral, donations of small value in money, clothing, furniture and jewelry for personal use, also with reduced economic valuation, different, therefore, from the will, which involves equity with more expressive amounts.
In the new wording suggested in the PL, the inclusion of real estate, tangible and intangible assets, the quantification of the limit for the allocation of personal assets to the percentage of 10% and digital inheritance, together with the specification of the way in which it will be this manifestation of will is considered valid.
As for the form, it may be written with a subscription at the end, or electronically signed by a digital certificate, dispensing with the presence of witnesses; or recorded in a digital system in the Portuguese language or in the Brazilian sign language, provided that the images and sounds are clear and clear, with a declaration of the date of the act and the record of the presence of two witnesses, in the event of involving patrimonial provisions, delivered in media accompanied by a statement by the person concerned about the content of the digital Codicil.
In the justification of the PL, the changes brought about by technology in life in society are recognized, among which the expressions of personality in electronic media, such as social networks and varied applications, which can remain stored in the cloud after the death of the individual creator of that content, claiming that this collection may be lost due to the absence of a legal mechanism to dispose of it, thus emphasizing the need to update legislation to keep up with the evolution of these social circumstances, particularly with regard to innovation technological development and inclusion of people with disabilities.
By: Wilson Sales Belchior
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