A legitimidade sucessória dos embriões havidos pelas técnicas de reprodução assistida após a morte do genitor

Abstract

The evolution and advances of Medicine and assisted reproduction techniques are analyzed, allowing the assisted conception and the realization of the principle of family planning, as guaranteed by the Federal Constitution, even after the death of one of the parents. The research focuses on the changes brought about by the Constitutional Text in relation to filiatory and succession law, methods of artificial reproduction, the legitimacy of succeeding post-mortem embryos, and legislative attempts to regulate the subject. In this sense, the aspects related to the dignity of the human person, the equality of treatment among the children, the protection of the best interests of the child, the fundamental right to inheritance and the presumption of paternity are addressed. It also reflects on the biological aspects that surround the subject, from the perspective of interdisciplinarity with Medicine, Biotechnology and Genetic Engineering, in order to understand the importance of disciplining the said reproductive techniques. The methodology used will approach the method of deductive research, because it presents an observational process. In order to operationalize the research method, the analysis will focus on documentary, bibliographic and jurisprudential research encompassing books, articles, Brazilian laws on the subject and the internet.