Direito sucessório do embrião “in vitro”

Abstract

The work of conclusion of course found the presentation of the legal capacity of the inheritance right of the fruit base of an in vitro fertilization post mortem paternos within the Brazilian legal order. This study makes it possible to have an understanding of the guarantee of inheritance law, based on the study of several legislative sources, such as the Federal Constitution, the Civil Code and the Federal Medical Council. There is also an explicit lack of laws regulating the issue and the urgent need for a legal document to clarify the subject. As there are no laws and even consolidated jurisprudence, the analyzes are focused essentially on the constitutional guarantees and the right law that surround the theme. The theme is identified with the theory of the formulation of legal personality, that is, the beginning of the consideration of the personality, and it is understood that the unborn must be provided several rights, as it recognizes them as a subject of rights. There can therefore be no legal distinction between the children and the rights guaranteed to them, irrespective of the way in which the child has been reproduced. There are several discussions in which one can base this subject, which will be the basis for this work, but one of the main discussions is linked to the will of the testator, or from which the succession was derived, being this lawful or testamentary, this in the case Post-mortem design and not having inserted such a fetus in its succession, its will should be respected, or once it has accepted its spermatozoa preserved in freezing tacitly accept such a possibility of succession, would be protected only the Children who may have been conceived by their will or not, what legal insecurities the succession regime might suffer from such possibilities. In addition, the principle of the possible dignity of this fetus overrides the freedom of will of the parties in the succession, the consideration of the legal personality, in this case, must be from which stage, at conception, when there is brain activity; At birth alive when such a fetus would be entitled to succession or even if he would be entitled to change a perfect legal deal in case the sharing / division of the goods had already been completed.