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Digital assets protection under the personality rights perspective

Grant number: 12/09653-4
Support type:Scholarships in Brazil - Master
Effective date (Start): November 01, 2012
Effective date (End): October 31, 2014
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal researcher:Cíntia Rosa Pereira de Lima
Grantee:Fernando Tenório Taveira Júnior
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil


The internet allows the exchange of digital data on a massive scale. As the digital insertion of the Brazilian population increases, it is easily noticeable the increasing massive use of different electronic devices. Today's on line services provide unthinkable benefits and facilities for people, especially with the consolidation of the social networks. Every second, several new challenges appear. The precariousness of the digital traffic, the storage and the protection of digital assets are some examples of that. The digital assets' appearance is already subject of studies on foreign researches concerning the digital global reality. The digital assets are frequently capable of identifying people, and they are also usually stored in foreign companies' databases. These facts raise some difficulties to the Brazilian law application. All these concerns are substantial, and are part of the present research, which intends to demonstrate the needs to enhance the legal protection demanded for digital assets, best suited to the Brazilian civil law, especially those concerning the personality rights. (AU)

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