O direito de herdar da prole eventual gerada por reprodução assistida post mortem: contradições entre a previsão constitucional de igualdade entre os filhos e as disposições código civil de 2002.

Abstract

This article investigates post mortem assisted reproductive technology (ART) and its impacts on Heritage Rights, as well as the Constitutional Principles effects on heis equality, besides the heritage social function. Thus, calls into question the biotechnological developments and its major consequences, mostly about the possibility of reproduction containing the de cujus’ genetic material, touching the uppermost concepts on ART and Heritage Rights, as even discussing conflicted academic positions and legislative divergence about the matter. Therefore, a legal decision also will be evaluated as the representative position of the brazilian courts. Finally, the prospect of heritage and consanguinity recognition of the descendant born in such conditions will be considered, regarding the parent who left his or her cryopreserved genetic material, making possible the use of ART after death. The methodology applied on this paper is the narrative revision built on a data basis of literature and other articles, besides the bibliographic research, files analyses and case study, witch will also be employed.