THE LEGAL (IM)POSSIBILITY OF “REBORN BABIES” UNDER BRAZILIAN LAW: A JURIDICAL-PHILOSOPHICAL STUDY ON ANTHROPOMORPHIZED OBJECTS AND THEIR CROSS-SECTIONAL IMPLICATIONS IN POSITIVE LAW

Abstract

This study examines the phenomenon of so-called “reborn babies” under Brazilian law, considering the growing dissemination of the subject on social media and the invocation, by their owners, of alleged rights related to such artifacts. The research is structured around two central axes: one of a philosophical-ontological nature and another of a legal-dogmatic character. Divided into three sections, the article presents a historical overview of the emergence of reborns, analyzes their ontological nature as artificial entities, and finally discusses their possible legal qualification under civil law, particularly regarding the notion of legal subjectivity. Based on theoretical and bibliographical research, the study concludes that it is not possible to attribute legal personality or capacity to reborns, as they are neither human beings nor entities capable of personification, being, therefore, material objects with anthropomorphized appearance, subject to the legal regime applicable to things.