Inseminação artificial heteróloga post mortem e o direito sucessório: análise dos efeitos jurídicos decorrentes

Abstract

The advancement of science has brought about major changes in what was called “traditional medicine”. In assisted human reproduction, one of the advances is post mortem artificial insemination . This “creation” of the human being in the laboratory concerns law and legal sciences. It is necessary to impose legal limitations on assisted reproduction centers, as well as to establish norms, in order to avoid moral and future damages. Family Law has been intensely modified with regard to affiliation. The legal loophole is a major concern, as is the inadequacy of the Civil Code. Inheritance law, legal uncertainty, as well as the right to information, directly interfere with the generated child and the anonymous donor, being even more worrying in the case of post mortem artificial insemination. Death is a legal fact, which generates important effects. It is public and notorious that the Civil Code is flawed in this regard, making discussions in courts constant. The demand for cases to be resolved reach the Superior Courts aiming at the best possible solution. The present study sought to analyze all the current legislation related to this problem, pointing out the existing regulations and resolutions, the judgments that occurred in an attempt to seek solutions to this impasse and the absence of specific laws regarding family and inheritance law. A qualitative research was carried out. quantitative, with the inductive method, using literature review. It is concluded that the Brazilian legal system is flawed, the legislator has not followed the scientific-medical progress. The legis analogy is the alternative found to supply the lack of laws.