A INSEMINAÇÃO ARTIFICIAL POST MORTEM E SEUS REFLEXOS NO DIREITO FAMILIAR

Succession is when someone passes a right to another person, natural or legal. After the death of some of the holders, the legal relationship is transferred to others, in this sense Civil Law, specifically the branch that deals with Family and Succession Law, is a relevant branch of Law that protects and disciplines the interpersonal relationship in the family, Their rights and duties related to these relationships, with technological advances, have become a fertile field for scientificity. In this context, the study aimed to investigate the impacts of technological evolution on the legal system, depending on the insemination of embryos, sperm or eggs after the death of the parents, or one of them, due to changes in hereditary succession. A qualitative study was carried out, with an exploratory approach, using a bibliographic review. Data collection by search sites using the Boolean search engines AND OR as a search strategy with the following combinations: 1- post mortem AND human reproduction OR right to membership AND legal precept AND heirs OR Artificial insemination AND Law AND Heir. It was concluded that the fairest measure to be adopted by the legal power would be to give priority to the principle of human dignity to the detriment of the principle of legal certainty, since, in this specific case, it is necessary to consider the exceptionality and delicacy of the issue in question.

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Publication Details

Journal
Revista fisio&terapia.
Published
2024-09-26
DOI
https://doi.org/10.69849/revistaft/ch10202409261112
Primary Topic
Palliative and Oncologic Care
Type
article
Field-Weighted Citation Impact
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article

A INSEMINAÇÃO ARTIFICIAL POST MORTEM E SEUS REFLEXOS NO DIREITO FAMILIAR

João Pedro Roque Gonçalves, Emanuella Frazão Penasco, Cesar Augusto Freitas Jacques
Revista fisio&terapia.
Palliative and Oncologic Care
article

A INSEMINAÇÃO ARTIFICIAL POST MORTEM E SEUS REFLEXOS NO DIREITO FAMILIAR

João Pedro Roque Gonçalves, Emanuella Frazão Penasco, Cesar Augusto Freitas Jacques
article en

Abstract

Succession is when someone passes a right to another person, natural or legal. After the death of some of the holders, the legal relationship is transferred to others, in this sense Civil Law, specifically the branch that deals with Family and Succession Law, is a relevant branch of Law that protects and disciplines the interpersonal relationship in the family, Their rights and duties related to these relationships, with technological advances, have become a fertile field for scientificity. In this context, the study aimed to investigate the impacts of technological evolution on the legal system, depending on the insemination of embryos, sperm or eggs after the death of the parents, or one of them, due to changes in hereditary succession. A qualitative study was carried out, with an exploratory approach, using a bibliographic review. Data collection by search sites using the Boolean search engines AND OR as a search strategy with the following combinations: 1- post mortem AND human reproduction OR right to membership AND legal precept AND heirs OR Artificial insemination AND Law AND Heir. It was concluded that the fairest measure to be adopted by the legal power would be to give priority to the principle of human dignity to the detriment of the principle of legal certainty, since, in this specific case, it is necessary to consider the exceptionality and delicacy of the issue in question.

Revista fisio&terapia.
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Palliative and Oncologic Care
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A INSEMINAÇÃO ARTIFICIAL POST MORTEM E SEUS REFLEXOS NO DIREITO FAMILIAR — João Pedro Roque Gonçalves, Emanuella Frazão Penasco, et al. · Revista fisio&terapia. (2024) | TGRS Research Map | TGRS