A proteção jurídica do nascituro frente aos avanços científicos na reprodução humana assistida.

Abstract

The general objective of this work is to present through bibliographical research, and of the methods exegesis-juridical, historical-evolutionary and of the study to interdiscipline, the rights of the begotten face the attended human reproduction and to weave considerations the about of its current implications, that it is a theme that is generating one serializes of subjects of difficult solutions for our effective juridical assemblage of rules. In that way, before the problem, was tried, at first, to consider and to explain the reproduction methods in their different forms, also making direct reference to the substitution mothers' use as technique of attended reproduction, for later to narrate some current juridical implications of the use of the techniques of attended reproduction, as it is the case of the kinship's relation, of the spare embryos and its donation for use in researches with cell-trunk and the juridical consequences due to those implications. And finally, to enumerate some rights of the begotten, as the right the adoption, of receiving donations, of being acted, of having rights of successive, right to foods, right the image, honors and physical integrity, showing in compensation the difficulty of the national legislators on the elaboration of rules about those rights, exemplifying through jurisprudences the controverted decisions and the difficulty of the magistrates due to the inexistence of legislation specifies on the referred theme. As result was evidenced that the largest problem for the protection of the begotten to be executed is the inexistence of norms that can meditate in a wide way the use of methods and reproduction techniques developed at the country and to gather in an effective way all the rights and forms for it is guaranteed not only the rights of the begotten, but, its executes protection, because in case there is unproductive of the norms, the largest privilege - the life - can be reserved.