HOMOLOGOUS INSEMINATION POST-MORTEM AND THE REPERCUSSIONS ON SUCCESSION LAW

Abstract

The present research aims, in view of the legislative omission about assisted reproduction techniques, to analyze the succession prerogatives of people generated through post mortem homologous artificial insemination. It is clear that Law does not evolve isochronically with science, therefore, our Civil Code does not yet specifically address this matter, which results in numerous doctrinal and jurisprudential disagreements. Due to these divergences, what is sought is, based on constitutional principles, a way to fill this legislative gap and, in the future, obtain a pacified cognition on the subject.