TITLE:
The Possession and Treatment of Tangible and Intangible Assets: A Procedural Analysis of the Defense of Digital Assets
AUTHORS:
Éfren Paulo Porfírio de Sá Lima, Rodrigo Xavier Pontes de Oliveira
KEYWORDS:
Digital Assets, Intangible Assets, Procedural Protection of Possession, Civil Law, Changes in the Private Order
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.3,
September
27,
2024
ABSTRACT: This article aims to describe the treatment of digital assets from the perspective of procedural protection of possession, emphasizing the importance of proper treatment and its economic implications. Documentary research addresses the historical evolution of possession and ownership of tangible and intangible assets, highlighting the need for legislative and doctrinal updates to include digital assets. The article also analyzes Precedent 228 of the Brazilian Superior Court of Justice and its implications for contemporary law, suggesting the possibility of revisiting the possessory protection of immaterial assets. It concludes that legal protection of digital assets is necessary to keep up with technological and social changes, ensuring legal certainty and effective defense of these assets.