A repercussão do Direito Sucessório em face dos métodos de reprodução assistida.

Abstract

The right of succession is seen as a branch of law which regulates the ownership of a person to succeed another one, after this last one death. The institute of succession has fundamental precepts, determining the time of the opening of the succession as being the time of the death, requires that the owner of the inheritance right has the succession capacity and also defines two modalities of successions, which can be, legitimate or testamentary, electing the law who the rightful heirs are and leaving it to the author of the heritage to define who will be his testamentary heirs, if he possess a testament. However, the right of succession in Brazil does not contemplate the inheritance rights intrinsic to individuals born by assisted reproductive techniques, which in turn is increasing every day more as a result of stakeholders that wish to put in practice a parental project, but are unable due to cases of infertility or sterility. Thus, the present study is developed around an explanation about the kinds of assisted reproduction and how they are regulated in the Brazilian legal system. During the course of the work is approached more specifically one of the assisted reproductive techniques, known as fertilization "in vitro" which generates in its materiality, excess embryos, which is the problematic developed regarding the recognition of legal personality of the embryo, shortly thereafter proposing the embryo adoption as an ethical and political alternative, so that it can be considered the inheritance rights of the embryo adopted. Therefore, it will be used the deductive, historical, legal-exegetic, comparative and the bibliographic methods to research and study these issues. Then, after the analyzes done, the results indicated by the survey, in front of the reality, is that it requires an express provision regarding the use of methods of assisted reproduction, considering in an effective and legal way the recognition of the excess embryos as human beings, being legally adopted and having their rights safeguarded, including the right to inheritance.