O direito sucessório do filho concebido por inseminação artificial post mortem à luz do Código Civil e da Constituição Federal.

Abstract

With the technological advances that are happening in biomedicine, especially in assisted reproduction techniques, and with the possibility of cryopreservation, the children generation children after death has become viable. However, solving the woman desire to give birth to a child of their deceased husbands, these techniques have brought big problems to the Law of Succession of the conceived son. This study shows a possibility of the conceived son by artificial insemination post mortem to be considered successor of its parent. The study on this topic is so important due to its relevance, technological advances and the need for legal regulation. The development of this theme is divided into the following parts: an approach on Law of Succession in the brazilian legal system, discussing introductory and historical notions of this law, also addressing the transfer of inheritance and citing the species of successions and the species of successors; it reports about the general aspects of Assisted Human Reproduction, its historical evolution, concept, species, distinctions and peculiarities; and, finally, the content deals with the constitutional, family and succession of the conceived child by artificial insemination post-mortem aspects and the possibility of this son has succession rights of the propety’s deceased parent in light of the Federal Constitution and the Brazilian Civil Code. There is no prohibition, but there is also no regulation on the succession rights of the conceived child post mortem, so that the judges must be based on constitutional principles, so there is no way to prohibit a child from receiving from his deceased father his succession rights. From this developed study, it is possible to conclude that, even though there are some contradictions between the Federal Constitution and the Brazilian Civil Code, a conceived child post mortem must have the same rights of his brothers born while his father was alive, including succession rights.