O conflito dos direitos fundamentais na reprodução assistida heteróloga.

Abstract

Couples with infertility problems and driven of the desire to constitute an offspring appeal to the proportionate benefits for the Biotechnology, through the use of the techniques of reproduction medically attended, amongst these techniques have as alternative the attended reproduction heterologa. This to be made possible technique needs that an anonymous giver supplies gametas, what brings to surface controversial questionings how much to the moral, the ethics and the legal scope. However, although the relevance this subject still does not possess, a specific law regulates that it. The main Objective of this research is to surface the conflict of basic rights: right to the privacy front the right to the genetic origin, that appears when of the use of the attended reproduction heterologa, as well as, the use of the beginning of the Dignity of the Person Human being as form of solution of this conflict and to examine which the specific legal remedy for the knowledge of the genetic origin. For in such a way, the bibliographical research is appealed to it and to the legal of exegesis method, systemize the study in three chapters, amongst which, in the first chapter, evolution of the reproductive rights to the techniques of attended reproduction is sent to it. In as, the conflict of basic rights is presented and the beginning of the Dignity of the Person Human being in the solution of the conflict. In third, in turn, it displays the knowledge of the genetic origin, the legislative omission in the treatment of the subject and the position of the giver of gametas that it will have its invaded privacy, in case that has the recognition of the right to the genetic origin. As result of this work observed it absence of specific law that deals with this substance, proving that the legal system does not follow the biotechnological advances, and consequently he is not apt to take care of to the yearnings of that they need to appeal to the methods of attended reproduction.