Filiação e biotecnologia: questões novas na tutela jurídica da família

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The work deals with the filiation relationship, specially when the new generative possibilities brought by biotechnology are taken in account. The social changes triggered by the use of biotechnology and other advances in medical science are examined to show how new family settlements in the contemporary society became conceivable and even practiced, which challenges the law enforcement system when conflicts related to such arrangements are brought into the courts. So, the work discusses how and how much the present Brazilian law is able to deal with such a new problems. The work begins with a description of the present law regarding kinship and family. Moreover, a brief notice about human infertility is given, as well as about the biotechnological solutions to such a condition. Then, a more extensive explanation is done regarding the ethical and juridical problems posed by the biotechnological solution, followed by another discussion centered in the parent-child relation where the constitutional principles in Brazilian law are applied to shed light on new hermeneutical views regarding the parent-child relation, with affective considerations surpassing biological ones sometimes. This discussion introduces a related one on the new family settlements and how the courts are dealing with them as they have to decide in the gap of statutes. A brief discussion regarding proposed bills on the matter, under congressional consideration, is also presented.

ASSUNTO(S)

biotecnologia filiação contemporary society sociedade contemporânea família biotechnology family novos arranjos familiares infertilidade infertility filiation new family settlements direito

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