Open AccessO DIREITO SUCESSÓRIO DOS FILHOS HAVIDOS POR INSEMINAÇÃO ARTIFICIAL HOMÓLOGA PÓS-MORTEM
Author(s) -
Letícia Fernandes Rodrigues,
Thiago Rodrigues Fernandes
Publication year - 2021
Publication title -
revista científica semana acadêmica
Language(s) - English
Resource type - Journals
ISSN - 2236-6717
DOI - 10.35265/2236-6717-209-9224
Subject(s) - inheritance (genetic algorithm) , legislation , legislature , reproduction , doctrine , ecological succession , law , artificial insemination , egg donation , political science , sociology , biology , ecology , genetics , pregnancy , gene
The present work aims to analyze whether the children conceived after the death of the parent by homologous fertilization have the right to inheritance, seeking to conceptualize the institutes of inheritance law and artificial insemination, analyzing the constitutional principles and the sources of law, so that find the best answer on the topic. The article will be divided into 3 parts. The first will try to explain the succession law (master of the law that regulates the transfer of assets, rights and obligations to the heir after the death of an individual) in the light of Brazilian legislation, explaining the existing Types of Succession. The second part of this article will address Assisted Human Reproduction, pointing out the different conceptions of the concept of family that has undergone significant modification over time. In addition, the second part will also deal with Artificial Insemination, which is an assisted reproduction treatment that expands the possibilities of fertilization of the egg, as well as its divisions. It also points out the principles of Brazilian law applicable to assisted human reproduction. The last part of this work will analyze post mortem artificial insemination and the effects on inheritance law based on legislation, doctrine and principles applicable to the subject, pointing out the three doctrinal currents that emerged with the aim of filling this legislative vacuum. This research is categorized as explanatory, as it aims to identify the factors that determine and contribute to the succession of the post mortem inseminated child, the procedure used in this study will be the bibliographic research.