SUCCESSION OF EMBRYOS CONCEIVED POST MORTEM IN THE LIGHT OF THE JURISPRUDENCE OF THE SUPERIOR COURT OF JUSTICE[1] [1] Article presented to the Bachelor's Degree in Law of the Institute of Higher Education of Southern Maranhão – IESMA/Unisulma.

Abstract

The study addresses the hereditary succession of embryos conceived post mortem, highlighting the need for regulation to ensure legal certainty and avoid patrimonial conflicts. The lack of a defined deadline for the use of cryopreserved genetic material can generate instability in succession issues, making it urgent to create specific guidelines. The comparative analysis with foreign legal systems, such as the Alain Parpalaix case in France, demonstrates that the problem is not exclusive to Brazil. France, for example, adopted a more flexible interpretation of the autonomy of will, allowing the use of genetic material based on the presumed intention of the deceased. On the other hand, Brazil, according to the case law of the STJ, adopts a more cautious stance, requiring a formal and unequivocal manifestation of the deceased spouse to legitimize post-mortem reproduction, prioritizing legal certainty and succession effects. The research concludes that it is essential to regulate the succession of embryos conceived post mortem to ensure the adequacy of succession law to biotechnological innovations. The creation of specific rules will ensure a balanced approach, in line with advances in assisted reproduction, and will avoid contradictory decisions. The lack of regulation compromises normative coherence, and it is urgent to create a clear and specific legal framework to provide predictability to property and family relations in constant transformation.