A (in) segurança jurídica da ordem de vocação hereditária dos embriões excedentários post mortem

Abstract

The present work of completion of course aims to analyze whether the civil legislation applied to inheritance in the order of hereditary vocation fits as an efficient means of organization of inheritance and succession. The succession and the order of vocation of the heirs is not a recent construction in the national legislation, having been present for decades and becoming increasingly complex and wide. In this way, the protection of the rights of heirs and those who may be heirs are present in Brazilian legislative constructions, as well as their conceptualization and causes of controversies. This research aims to analyze the socio-legal aspects of the hereditary vocation of surplus post-mortem embryos and the impact of the main trends when they are approached by the legislator and the doctrine, being current issues, frequently debated by the academy. Thus, throughout this work, we sought to detail the concept and the main characteristics of the hereditary vocation of surplus postmortem embryos, the legal (in) security to characterize it, in addition to its legal aspects, including the legal basis that regulates the theme in Brazil, in addition to the main criticisms and doctrinal understandings on the subject, existing in books and scientific articles in the area of civil law and civil procedural law. The methodology used was an exploratory bibliographic research, analyzing data already known, seeking an overview and familiarization with the subject.