Análise dos efeitos da inseminação artificial post mortem no direito sucessório brasileiro.

Abstract

Due to advances in biotechnology, particularly in the area of ​​procreation assisted human life, it is possible to generate a person after the death of a parent, often through posthumous homologous artificial insemination. However, the Brazilian legislation did not specifically regulate this practice, mainly within the scope of inheritance law, leaving only a presumption of affiliation. This raises concerns about membership equality. Given the gap in law, the need to study and critically analyze this issue is evident. Therefore, the objective of this research is to investigate the succession effects of artificial insemination after the death of the parent in the current legal system. For clarify the objectives proposed in this work and contribute to the understanding this complex issue in the context of Brazilian inheritance law, research the hypothetical-deductive method was used together with research bibliographic and documentary, whose purpose is to deepen the understanding of posthumous fertilization procedures in the context of inheritance laws. That will involve the analysis of previous studies, current academic perspectives and the Brazilian legislation, aiming to offer a more comprehensive view on the subject. Thus, carrying out qualitative research. Furthermore, after a thorough investigation into the different currents of doctrine, and despite the legal disagreements, the research considers that the most appropriate interpretation for the current legal context, consists of recognizing all legal effects, both related to filiation regarding legitimate succession, for individuals born by means of post-mortem homologous assisted procreation, provided there is authorization prior notice of the deceased spouse and that fertilization occurs within a period of two years, using as an analogy the period of conception of heirs of eventual offspring. Additionally, it can be concluded that, in order to guarantee hereditary rights, it is necessary to initiate the Inheritance Petition Action process, respecting the legal deadlines and conditions stipulated in the Civil Code.