Implantação de embriões post mortem: uma análise sobre autorização a partir do REsp 1.918.421/SP

Abstract

Post mortem assisted reproduction is already a reality in the Brazilian legal system, given the permissiveness adopted by doctrine, jurisprudence and administrative norms. However, there is no specific law that regulates assisted reproduction, generating several controversies, among them the possibility of affiliation and succession of that originating from posthumous homologous reproduction and, more specifically, what is the legal formality necessary for authorization to implant embryos post mortem produce the expected effects in the face of a lack of legislation and opposing doctrinal currents. Thus, through the qualitative approach method, using bibliographic research, current legislation and jurisprudential analysis, the study proposes to deal with the authorization for the implantation of post mortem embryos, initially passing through the recent decision of the STJ on the subject, in which important arguments are raised, in addition to later analyzing some doctrinal positions on the issue. The discussion around authorization is necessary, as it is its existence that allows the occurrence of posthumous reproduction techniques, as well as causing the realization of these procedures to have repercussions on Family and Inheritance Law