Fecundação artificial homóloga, post mortem, e os efeitos sucessórios: sucessão legítima e princípio da igualdade

Abstract

The subject of this study considers the right inheritance of the children generated from the techniques of artificial fertilization, conducted after the death of the parent, specifically in a Brazilian Civil Law Order. Delete will be the assessment of technical issues arising from the heterologous, since numerous other open discussions, which must be addressed in specific research. It starts with the fundamental presuppositions of the Descent Law, in the case of inheritance, legitimate and testamentary, as to the time of transmission of inheritance and the ability to succeed. This study considers pertinent law to the subject, especially, article 1.597, inc. III, and 1.798, both the Brazilian Civil Code of 2002. It is considered necessary the systematic interpretation and application principles and constitutional norms to the civil law. It takes in consideration, especially the principle of equality and the principle of legal certainty in the process of Descent Law.