PARADIGMA DO DIREITO DE SUCESSÃO EM FACE À REPRODUÇÃO HUMANA ASSISTIDA POST MORTEM: A NATUREZA JURÍDICA DO EMBRIÃO IN VITRO E SUAS IMPLICAÇÕES

Abstract

The Family’s concept, has been under constant mutation, which, within the Constitucional Knowledge, has been based in principles and modern cultural values that reach affective models, being characterized by bonds of affinity, affection and cohabitation. Thus, the law must keep pace with these developments, especially when combined with technological and Bio law evolutions, specifically as regards to assisted reproduction methods. What is intended with this work is to verify what is the legal nature of the in vitro embryo and check if there are constitutional guarantees that ensure the inheritance law of the child conceived by homologous artificial insemination post mortem, discussing their social, ethical and legal implication, once the Civil Code recognizes the affiliation of the child conceived by artificial insemination as provided by the Article 1597, paragraph III. However, there is no specific legislation to regulate the question, which eventually generates an anomalous situation where a child born while their parents were alive will be considered legitimate heir, while another born by homologous artificial insemination post mortem will be considered, at most, testamentary heir, which would lead us to a discrimination situation, thus violating the principle of equality among children, enshrined in the Constitution of the Republic. Our study was conducted using bibliographic research, using several doctrinal currents, legislation, and scientific journal articles and other publications related to the topic.