O direito à identidade genética em face do direito à intimidade do doador na reprodução humana assistida heteróloga.

Abstract

The revolution in the biomedicine caused by the speedy medical-scientific advance emphasize the need of ethical and legal impositions provided by bioethics and Biolaw institutes, the main limitation of the Principle of Human Dignity. The possibility of breeding at the laboratory before the considerable spread of assisted reproductive techniques should note the recognition of its extension to households expressly provided or not for the Constitution, according to the new family conception, rooted in the Family Law and the Law Family Planning repersonalization guaranteed by the Constitution. In particular, the techniques of assisted human reproduction development brought significant changes in affiliation status, recognizing the social-affective nature and disdaining the biologism like an absolute criterion in its determination. The biological origin migrates to the field of personal rights with totally different purposes and consequences of membership status grounded in affectivity. Indeed, the technique of heterologous assisted human reproduction, study object of this work, clearly emphasizes the social-affective affiliation due to the foreign genetic material participation of the strange third to the couple. Meanwhile, beside the medical-scientific advance, the use of heterologous insemination thorn the legal conflict between the right to genetic origin in the face of the donor's privacy right. In resolving this conflict, propose to adopt the balance to ensure human dignity, foundation of the whole constitutional order. Furthermore, another legal aspect discussed by this technique is the divergence with respect to the action to protect the right to genetic identity, verifying the preemente indispensability of legal regulation. For the construction of this work will be used the abstract-deductive method from the concepts of family and affiliation analysis currently embedded on the domestic legal order, from the reproductive techniques study until the conflict between the fundamental rights caused by the use of heterologous reproduction. Will be used procedural and legal exegesis and systematic methods, aided by the technical bibliographic, through the national and foreign doctrines, also periodicals dealing with the theme, aiming theorethical referencial required by the application of the ponderation theory in the solution of the conflict with the main limiter and seeking ensure the maximum of the Dignity of Human Person.