Reprodução assistida homóloga post mortem: uma análise de sua repercussão no Direito de Família Sucessório.

Abstract

This work has as main purpose to conduct a study on Assisted Reproduction Homologous Post Mortem and its effects on family law and inheritance law . The study will be based on law, doctrine and jurisprudence in effect , turns out clear that the evolution of society and science cause factual situations that generate numerous questions for the legal system . Homologous artificial insemination postmortem rule modifies the existing family in society , it may bring repercussions that require discussion in the field of law. Therefore , if shows of great importance to analyze its effects on family law and inheritance law , with the aim of promoting legal certainty for people who practice this type of procedure . The controversy surrounding the homologous artificial insemination post mortem is the contradiction of the Civil Code to treat on the subject , considering that in his art. 1.598 , III , believes that presumed conceived during marriage the children born of homologous artificial fertilization , even if the father is deceased , however , in art. 1798 provides that only legitimate successor will be one that has been designed at least to the time of death of the deceased . Therefore, we clearly shows that the new Civil Code is excluded , designed postmortem , the list of heirs . Thus , we see the need to examine briefly whether the individual conceived by homologous fertilization post-mortem , or have not right to inheritance . This work will be used as a technique for bibliographic research , considering that , laws , jurisprudence , scientific articles , doctrines, with the aim of studying on the aforementioned theme will be used . Still , the method of hypothetical-deductive approach is used because the theme will from general precepts so there is the possibility of constructing solutions to the problem, though, is employed the historical method , by exposing the evolution of affiliation over time.