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Protection of the digital assets under the personality rights perspective

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Author(s):
Fernando Tenorio Taveira Júnior
Total Authors: 1
Document type: Master's Dissertation
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Cíntia Rosa Pereira de Lima; Roberto Senise Lisboa; Newton de Lucca
Advisor: Cíntia Rosa Pereira de Lima
Abstract

This dissertations inspiration came from the observation of the so-called digital assets. Not so long ago, they have been outlined by foreign studies, surrounding law and technology, that came from common law tradition countries. It is actually certain that the consolidation of the internet made certain digital issues of global concern, including the subject of this research. However, it is necessary to say that this study takes a different approach, if compared with its inspiring studies generally concerned with succession law matters. In this academic undertaking, it is intended to better understand the digital assets under the Brazilian civil law view. Firstly, the digital assets are analized under different angles, according to the dogmatic proposals of the Anglo-Saxon countries, especially England and the United States. Secondly, with the conclusion that there is the possibility of settling this figure to the Brazilian civil law system, some dogmatic proposals are made. Then, the main concern of this research goes to the protection of the digital assets, fundamentally those related to the personality rights. At the end, this study reachs the conclusion that the personality rights are able to protect some digital assets effectively under the civil law Brazilian system. (AU)