Tutela jurídica do embrião humano in vitro

Abstract

The present work, whose focus consists of the juridical protection granted to the human embryo in vitro, has as objective to analyze the protection granted to the excess of embryos whose appeared from the new artificial techniques of attended reproduction, denominated FIVET (Fecundation In Vitro with Transfer of the Embryo), that seek to solve or, at least, to lessen some of the problems related to the infertility. The importance of this study involves the fact of being discovered if the embryo deep-frozen- conserved or deep-frozen-preserved, commonly entitled "test tube baby", is considered subject of right or object for the national juridical decree. For the reach of the proposed objective, this study was based on the deductive method, in bibliographical research, utilizing the juridical hermeneutice orientated by the Historical-evolutionary and Exegetice Schools, for verification of the concepts of some juridical institutes - person, subject of rights, juridical personality and the rights to its inherent and juridical capacity - demonstrating the possible applicability in relation to the juridical protection of the human embryo in vitro. At posteriori, was examined how attended human reproduction works, their types and consequences, such as: possibility of allegation of scientific rape; use of procedures for obtaining of the embryo genetically superior, in other words, eugenic practices; transplant of human embryo in the uterus of an animal, and vice versa; considerable probability of incest, etc. This concepts are constituted, as noticed, in a true dilemma that the juridical decrees of several countries has to solve. Likewise, some legal devices were analyzed, which treat of this matter, as the Resolution of Federal Council of Medicine and the new Law of Biosecurity, besides the underlying principles of the brazilian jurisdictional system, as the essentials principles of the human's dignity and of the non instrumentality of the human life. Like this, in agreement with the done research, the need of protecting the embryo in vitro is verified, in reason of his human nature, being evidenced, as it is imperious, the determination of universal moral values to define the limits of the development of the biotechnological sciences in face of the conservation of the fundamental value: the human.