A sucessão dos concebidos por fecundação artificial homóloga post mortem do autor da herança.

Abstract

Big changes have occurred in recent decades as a result of technological advances, changing the daily lives of people and providing the occurrence of facts and acts never before imagined. Through it, one can realize that the legal relations change, are born or become extinct, occasionally interfering in the legal treatment that the law gave to a particular phenomenon. In this respect, one can cite the case of artificial insemination increased scale of fertilization and as an alternative opportunity to realize the dream of people becoming parents, as they also interfere with the child's life even minimally. Thus, the question arises about the inheritance aspects of people born fruit of the process of homologous artificial insemination post mortem, which lacks a specific regulation, particularly with respect to these legitimate succession. Therefore, the study evaluates the current conjecture legal system, especially the fundamental principles and rights, with fulcrum to find alternatives to litigation or potential loopholes that revolve around this phenomenon. Thus, the method is deductive approach to characterize the legal issue at this level, in the other words, the question of succession, using the literature and documents, such as research techniques. For the construction of the premises, and soon, the thesis is used as procedural methods, the method systemic and monographic, analyzing the performance of the legal system on the object under study and describing the aspects that led to the emergence of such a situation and pointing sociolegal the main factors relating its configuration. In this step, expresses the relevance of the work to the academic discourse, foreseeing the possibility of these people treated in the study appearing in the relations of succession and have all their rights guaranteed.