Inseminação artificial homóloga post mortem e o direito sucessório

Abstract

The present study intended to examine the way in which the Civil Code treats the child from artificial fertilization, even if the father is deceased, he will be considered a child, showing that none of his articles mentions them as the holders of the right of succession, because he is not born or conceived when the inheritance was opened. A plausible justification would be that children conceived after the death of the father would not have the right to the assets left from the de cujus, since the constitution prohibits discrimination, and the unequal treatment between similars, the child conceived by artificial insemination should have the same inheritance rights. those that were conceived in a natural way. The objective of the present work was to identify what are the inheritance rights of a person conceived post mortem, clarifying the theoretical scope of the whispering law, examining the constitutional principle of equality between children and systematizing the jurisprudential position regarding post mortem insemination. The methodology used in this project consists of bibliographic research with authors such as Albuquerque Filho Fábio Ulhôa Coelho, Maria Berenice Dias, among others.