THE SUCCESSORY LAW OF BORN THROUGH HETEROLOGOUS IN VITRO FERTILIZATION AND BORN POST MORTEM OF THE FATHER/MOTHER: AN ANALYSIS FROM TRANSJUDICIALISM

Abstract

This course conclusion work addresses inheritance law in the context of heterologous in vitro fertilization (IVF) and post-mortem birth, analyzing the perspective from transjudicialism, this concept concerns the influence of foreign judicial decisions on the Brazilian legal system. The study is divided into three chapters, each exploring different legal, ethical and comparative aspects. In the first chapter, the concepts and procedures of heterologous IVF are presented, as well as the legal and bioethical implications of the use of genetic material from donors. Brazilian and international regulations are analyzed, highlighting the importance of informed consent and the protection of the rights of children born through these techniques. The second chapter focuses on inheritance law, examining the legitimacy and rights of children born through heterologous and post-mortem IVF. The evolution of succession principles in Brazil is discussed, such as equality between heirs and family protection. Relevant cases and jurisprudence are analyzed, showing the need for specific legislation to deal with these situations. In the third chapter, transjudicialism is explored as an approach to the integration of international legal norms and principles into Brazilian inheritance law. Comparative analysis of different jurisdictions reveals a convergence in fundamental principles, such as informed consent and the protection of children's rights. Proposals for legislative harmonization and improvement are presented, highlighting the importance of clear and comprehensive regulation. It is concluded that the advancement of assisted reproduction techniques requires a continuous evolution of the law, guaranteeing the protection of the rights and dignity of all parties involved. Transjudicialism offers a valuable tool for creating a more uniform and fair legal framework, promoting legal certainty and respect for ethical principles. This work contributes to the debate on the modernization of inheritance law in Brazil, proposing ways to harmonize norms and adapt to new technological and social realities.