O conflito entre o direito à origem genética e a intimidade e vida privada do doador nas inseminações artificiais heterólogas.

Abstract

Biotechnology appears in this decade as a means for solving various biophysiological problems in humans, especially in the field of medicine, with the scientific revolution and the creation of various therapeutic substances and methods, as well as management with genetic material. As one of the variants of this development, emerge the techniques of assisted human reproduction, specifically the manipulation of male and female gametes, so that we can start the process of fertilization, when, of course, such a phenomenon can not be started. Among the most popular techniques for the conception of a child, there are the artificial insemination, whether they are homologous (genetic material of his own companions or spouses) or heterologous (with the use of genetic material from anonymous third party). Merge male and female, inside the female body (in vivo) or outside it, in the laboratory (in vitro) gametes. The market of human reproductive medicine has expanded, and several clinics and specialty hospitals have emerged in that treatment, and such medical services regulated by Resolution No. 2013/2013, published by the Federal Medical Council, which among other determinations requires the maintenance of secrecy as to identity of the donor of the genetic material, the willingness and generosity of that donation. While there is the requirement of secrecy in Resolution No. 2013/2013 of the Federal Medical Council, much of the civil and administrative doctrine considers such incompetent to regulate the conduct of persons who are not subject to the local authority in question act, since the resolution has nature legal administrative act, not exercising and imperativeness coercivity about who is not professional medical sciences. Concomitant to this factor, current majority, defends the possibility of mitigating the intimacy and privacy of the donor for the benefit of the right to knowledge of genetic origin and ancestry, as right personality, a corollary of the principle of human dignity. It should be noted that there is a huge legislative vacuum regarding heterologous artificial insemination and its consequences in Civil Law and Constitutional, specifically on issues such as biological link (or paternity and maternity) and its acknowledgment, concession food money, and inheritance rights. Thus, in reliance on hypothetical-deductive method, this monograph seeks to make a detailed assessment of the conflict between the rights of intimacy and privacy of the donor genetic material and genetic ancestry and origin of the person conceived through these methods, the possibility of defending mitigation first, through a legal instruction supported by ample defense and contradictory, as a way to fill the sociological and biological sense of the man know your ascendant, or as an alternative for the treatment of pathologies that require donation of organs and tissue compatible. Further still crave demonstrate the possibility, in cases of extreme exceptionality, such as absolute abandonment and emotional stuff, the legal possibility that such institute is likely to emanate from civil effects, specifically regarding the rights of earning food money in light of the broad interpretation of principles of solidarity, being defended by such institutes still incipient doctrine.