O direito sucessório dos filhos concebidos por inseminação artificial homóloga post mortem.

Abstract

The present work aims to analyze the succession law in Brazil of those who are conceived by homologous artificial insemination post mortem. With advances in the area of science and technology has made it possible for the formation of families in various ways and following the constitutional principle of free family planning. In the face of this the institute arose from the use of such techniques to be used after the death of the man who in life makes the freezing of his genetic material. But even with all advances in medicine, the Brazilian legal system could not keep up with the same speed, supporting the eventual offspring only in relation to the presumption of paternity but leaving it unprotected in relation to the right to inherit in competition with the other heirs of its parent. Faced with such a gap in Brazilian law, three divergent doctrinal currents have emerged: the first argues that a child born after the death of his / her parent has no right to succeed; the second understands that it will have the right to succeed in the testamentary modality; and the third current on the basis of the constitutional principle of absolute equality between the children argues that the unborn child is a legitimate heir.