Direito à sucessão dos embriões concebidos por fecundação homóloga post mortem

Abstract

The present work was directed towards the study of the succession rights of embryos conceived through post-mortem homologous fertilization due to the absence of normative provisions that would bring about the resolution of the existing conflict surrounding this issue. This question has been fueled by the increasing adoption of artificial fertilization methods in Brazil, a global trend. The adopted methodology was hypothetical-deductive, based on bibliographic research, consulting laws, codes, doctrines, and jurisprudence to seek a solution through the formulation of hypotheses, given the lack of specific legislation or jurisprudence for the concrete case.Recognizing the difficulty in addressing the topic, as there is no doctrinal consensus regarding the theory of personality, with the majority favoring the conceptionist perspective, this viewpoint served as the basis for the study's reflections, in alignment with domestic norms, primarily the Civil Code of 2002. Although there is no explicit, consensual legal solution, the article proposes a transitional resolution through testamentary fiduciary succession, as outlined in Articles 1,951 and 1,952 of the Civil Code of 2002. This proposed solution is directed towards those unborn at the time of succession and could analogously be applied to the subject of the study.