Direito digital e metaverso: uma análise sobre a tutela jurídica brasileira da propriedade virtual.

Abstract

This work analyzes the metaverse, a new virtual environment driven by the technological evolution of the 21st century, focusing on Brazilian legislation regarding virtual property in this context. The research is divided into three parts: the evolution of property, the definition and functioning of the metaverse, and the analysis of digital legislation in Brazil. In the first part, the evolution of property is traced, covering both material and immaterial property, contextualizing the technological development that led to the internet. This serves as a conceptual basis for understanding property in the digital environment. In the second part, the metaverse is defined, its origin is detailed and its functioning is explained. Specific virtual properties of this environment are identified, highlighting their potential in creating content and services, as well as addressing the emergence of a virtual job market. The chapter concludes with an analysis of hybrid property in the metaverse. In the third part, the study investigates the evolution of digital law in Brazil, considering legislative frameworks such as the Marco Civil da Internet and the General Data Protection Law. Challenges in the legal protection of virtual properties in the metaverse are identified, with a distinction between patrimonial and existential properties. The chapter concludes with suggestions to improve legislation and protection of virtual properties in this context. The research used an integrative review methodology, searching various academic and research sources, with a time frame from 2014 to 2023. The results were inspected through bibliographic and documentary research. In summary, the study addresses the protection of virtual property in the metaverse and highlights the need to update Brazilian legislation to deal with emerging virtual properties in this new digital environment.