Limitações jurídicas às pesquisas em células-tronco embrionárias.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The objective of this dissertation is to examine some of the legal implications of the biotechnological revolution as well as its reflexes on the body of legal knowledge as a hole specially in what concerns embryonic stem cells for therapeutic use abiding by Brazilian Federal Statue 11.105/2005. The paper alerts to the relevance of preserving such research work by analyzing its historical, philosophic scientific religious and legal aspects. Explanation is provided on what is the manipulation of embryonic stem cells on what are its expected results and on why the use of stem cells shall be more valued than the use of adult ones. The paper is divided in four main parts as follows: the first part consists of an analysis of the paradigm-shifting developments that are broadening the horizons of life in society which shows the relevance of bio-ethics and bio-law on the concretization of scientific holism; the second part consists of an examination of the theories on the beginning of life i.e. the conceptualist the birth, and the brain formation theories; the third part in which resides the main contributions of the present work, is a pluralistic analysis of embryonic stem cell research considering the oppositions to it deriving from religious standings confronted by its history the support it receives due to the discovery of cure for many diseases as well as its philosophical justification that led to current Brazilian and foreign regulation; the fourth and final part is a description of other applications of stem cells such as therapeutic cloning as an alternative to transplantation procedures. This work favors Brazilian Federal Statute 11.105/2005. The research sources are mainly documental and are not limited to Brazil nor to the study of Law. Case study techniques were also marginally used, such as the observation, description and critique of the procedures on the Concentrated Constitutional Control Case 3.510 currently on the benches of the Federal Brazilian Supreme Court. The work concludes that the continuation of embryonic stem cell research is legally defendable if one gives priority to a higher common good. Finally the work defends that as much as the work on embryonic stem cells therapeutic cloning may be the source of hope for the care for countless diseases improving the quality of life for many mostly for avoiding the risk of rejection of transplanted organs.

ASSUNTO(S)

embrião therapeutic cloning bioética clonagem terapêutica embryo bioethics células-tronco direito stem cells

ACESSO AO ARTIGO

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