Aspectos bioéticos, constitucionais e civis da tutela do embrião humano e do direito fundamental ao patrimônio genético / Bioetics, constitutional and civil aspects of human embryo and the fundamental rigth of genetic heritage.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2011

RESUMO

Bioethics arose from difficulties in reconciling the advances in biotechnology and the right to national scientific development with ethical values and human rights, entailing risks to human survival and endangering the destiny of humanity. One problem faced by the law in contemporary social change is accelerating, making it difficult to adjust rules satisfactory legal emerging social needs. The origin of human life has fascinated man. Currently, scientific research have deepened in this area. Able to manipulate the first germ cell able to generate a new one has become a goal for science. This type of intervention at the core of life has created major social and ethical conflicts, forcing the law to establish clear rules. To establish the beginning of life, it created the figure of the pre-embryo was established source of legal protection from the embryo, allowing the scientific figure in the pre-embryo biotechnology has enabled human reproduction made in specialized laboratories. Given this new reality, there were questions about the fundamental right of individuals to know their genetic origin and the recognition of the rights arising out of personality, giving ownership to the subjective rights to life, physical integrity, honor, privacy, name and image. In Brazil, these rights are recognized by those who are born alive, although the law except to put the rights of the unborn. The unfolding of these duties have, in turn, a number of other rights, giving its carriers also responsibilities. The conflicts involve donors male and female gametes, resulting in fundamental family of non-discrimination of children and inheritance. Injuries to the personality, in turn, generate damage, because the feeling of pain, embarrassment and humiliation interfere heavily in the development and psychological behavior of the individual. It is expected that science and society not only worry about solving problems or cure infertility. But in doing so they seek to act to prevent decisions that endanger not only the lives and dignity of those involved, but also of all humanity. This research aims to reflect on the elements that characterize the embryonic dignity to understand it as the source of human dignity in order to protect it against all forms of abuse. This dignity would allow only medical intervention in prenatal life to solve fertility problems or perform preventive diagnostics, to detect genetic diseases incidents over being in its early stage to save her life or lessen the effects of an abnormal gene and not their destruction. This is a qualitative survey of bibliographical. The method used in this work was to study legal doctrine, jurisprudence, refers to the relevant national and international law, refers to specialized journals, conference proceedings, judgments published in journals or on the Internet, interpretative statements and relevant decisions on the object of study . Keywords: Bioethics. Genetic Heritage. Protection of Embryo. Constitutional Law. Right of Personality.

ASSUNTO(S)

tutela - dissertaÇÕes bioÉtica - dissertaÇÕes direitos fundamentais - dissertaÇÕes direito constitucional

ACESSO AO ARTIGO

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