Biotecnologia e direito: as novas técnicas de reprodução e o direito do ser humano à família

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

Beginning of the XXI century and humanity is faced with technological improvement only foreseen in fiction, for a brave new world, in a future yet to come, but already made real in this yearned third millennium, such as the possibilities of human reproduction which, leaving aside the uniqueness of natural reproduction, presents to the interested ones enormous range of possibilities in the so called, artificial or assisted procreation, in which it is even possible to procreate another human being without intercourse ar, going even further than imagination could take us, without man s participation, as in the hypothesis of the technique of humancloning reproduction. Such development, in the field of genetic engineering, has caused an unbalance in law and ethics, since it is no longer possible to adopt only the biological criterion to determine paternityand maternity, it is necessaryto establish legal determining criteria in the presence of essential parental rights, and of the essential reproduction right to which every human being is entitled to, accordant with determination of the Federal Constitution, which has made respect to the dignity of human beings, a Republic basis, meaning its accomplishmentthe always presentsearch for happiness. The right to be a parent and to be a child is exercised within one s family, which has been the base of society, since the beginning, and for certain, will continue to be in future, since it is concerned with the continuity of generations, that is, the right to perpetuate lineage (even though it is through assisted reproduction). It needs, therefore, the protection of the law, including those state-of- the-art rights, known as diffuse and class action, considering that, along with technological innovations there are the resultingrisks. Not only the Government, including the executing departments, but the society as a whole, are faced with the obligation of inspecting the effectiveness of the regulations which form the legal system. One aims to determine responsible parenthood, either in natural or artificial procreation and to make impossible the creation of hybrids, chimeras or genetically modified organisms which may cause unbalance and conflicts, in an intelligent binomial in which the progress of science can not only live alongside safety, but also better the quality of life on earth, otherwise constitutional and statutory in force regulations will be violated, therefore we suggest, de lege ferenda, regulation for new techniques, which are already realities to be faced, in which genetic patrimony is protected in accordance with constitutional determination (clause 225, ,1., 11)

ASSUNTO(S)

reproducao humana biotecnologia direito clonagem humana -- leis e legislacao

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