CRUZ, M. D. T.; http://lattes.cnpq.br/2803877067264293; CRUZ, Maria Daiana Targino da.
Resumen:
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.