As técnicas de reprodução humana assistida e o sistema sucessório brasileiro: o direito à herança dos concebidos post mortem.

Abstract

The present research aims to inform about the possibility of the child conceived after the death of his parent, through the techniques of assisted human reproduction, may acquire succession rights. This is extremely important to society, considering that with the progress of science is allowed in the breeding of embryos even after the death of parents. Thus, death is no longer merely a man of breeding, which has generated the legal system's inability to monitor and adapt to this evolution, producing unbelievable situations to legislators. Therefore, this paper aims to explain the human artificial reproduction techniques most frequently used by doctors through brief concepts, procedures and highlighting their differences, still looking at family planning and its regulation in Brazil, also addresses the issue surrounding the emergence of legal personality the natural person, clarifying the position of the unborn child in the Brazilian legal, auditing, finally, the process of succession to the Brazilian law, identifying the existence of limits to the successor conceived after the death of the deceased can participate in this succession. For this purpose, the methodology used was the deductive method, and how the methods of procedure and legal-exegetical monograph, aided by the technical literature based on the analysis of doctrine, laws, legal articles, and documents, through laws, rulings, judgments, delimited to the subject material in order to identify whether or not there is the inheritance rights of the child by artificial insemination occurred post mortem. In the end, as a result, it is clear recognition of the hereditary rights of the children coming from the homologous artificial fertilization post mortem, although contrary understandings, as guaranteed in the Constitution is the legal equality among all children, the child's best interests and dignity of the human person. We also conclude the need for legislation that regulates the use of assisted human reproduction techniques, especially that dealing with children coming from the artificial insemination after the death of his parent.