A possibilidade de sucessão legítima dos filhos advindos da geração embrionária homóloga post mortem.

Abstract

This research deals with the issue related to the legitimate succession of the children generated from embryos implanted after the death of the parent, resulting from homologous fertilization. The objective is to examine the possibility o f recognition of succession, as heirs needed, to children conceived from surplus embryos implanted after the father's death. Justifies the search on the absence of express provision authorizing the succession. It adopts the deductive method and a technique search in doctrines qualitative. The possibility to bear children after the death of a parent became possible because the procedure for freezing embryos. This fact directly affects the Brazilian civil law, especially the concept of membership, so that the Civil Code recognizes the condition of the child at any time generated by homologous artificial conception. However, about to the inheritance law, there is a legal gap, which is generating controversy and debates related to the possibility of such children to inherit through the legitimate succession. Despite the juridical discussion about the subject, the recognition of succession is possible because it has already been beings conceived. Moreover, the understanding to the contrary would violate the constitutional principle of juridical equality o f children. Finally, there is a need for legislative intervention to pacify the matter.