SOUZA, F. G.; SOUZA, Fabrício Gonçalves de.
Resumo:
This paper addresses the research using stem cells taken from human embryos. It is
discussed the more controversial issues, such as the origin of life, technological
advances and the lack of effective legislation to regulate such research. For
comprehensive understanding of the size of the theme, the first was a general
constitutional principle of life and human dignity, such as fundamental pillars of a
balanced society. A study of the doctrinal currents that determine the beginning of life
were important for better understanding of the topic, as research with human embryos
are the same and the consequent destruction of the constitutional injury to life and
human dignity in all aspects. It was not forgotten to do an analysis of our legal system,
showing the evolution from the research involving human embryos in the early 70s,
through the creation of babies to test the emergence of the genome and genetic
engineering by it. It seeks to demonstrate the emergence of genetic engineering
originated with the emergence of biotechnology, where they saw the need for regulatory
measures, hence the emergence of the Law on Biosafety. From an analysis of that law,
it is the aspectospositivos and negative, showing on what the law of biosecurity leaves
to be desired. Ethical principles, involving bioethics and biolaw were addressed,
adjusting their interpretation as guidelines for legal problems. Finally, a comparison was
made of our legal system, with legislation of other countries, analyzing requirements and
criteria important not exist in our law.