A problemática da filiação civil na reprodução humana assistida.

Abstract

The problem of the civil filiation is discussed in the attended human reproduction, have seen the gap that the legislation homeland leaves concerning the identification of the maternity and paternity and, in equal way, for the fact of the techniques of artificial conception they be more and more common, whose complexity provokes current discussions of juridical nature, because it has been raising subjects of difficult solution for the ordainment, besides provoking inquietudes in the defenders of the ethics and of the morals, being extracted the relevance then of approaching the thematic under the prism of the legality. The objective principal of this work is to present a general vision on the problems of the filiation in the human reproduction attended to enlarge the discussion in what it plays to the relationship relationships, especially in what it concerns to the filiation, inserted in the ambit of the techniques laboratoriais of human reproduction. For so much, it throws hand of the bibliographical research and of the methods exegetic-juridical, historical-evolutionary and of comparative study. He/she is organized the work in three chapters of the which the exordial discusses the attended human reproduction focusing the procedures more used and indicating some controversy to I respect: it follows the second chapter with the study of the institute of the civil filiation excelling for a normative analysis and relating him/it with the problems avidness of the human reproduction; these for your time, are detailed for the third chapter that, at the same time, he/she suggests roads for a possible solution of the dilemma. As result is verified the problem that the Brazilian ordainment doesn't possess a specialist norm that regulates the theme in your totality, just tends the resolution no..: 1.358/92 of the Federal Council of Medicine, that it constitutes a group of ethical beginnings that will orientate the medical conduct before the attended human reproduction and he/she doesn't have, like this, the coercive of a law; and the hypothesis is confirmed that there is defiance in some born children's of the techniques of human reproduction filiation and disagreement of the existent norms on the subject. It is concluded emphasizing that is salutary the regulation of the inherent institutes the artificial procreation to protect the fundamental rights expressed in the Federal Constitution of 1988 and to make possible harmony to the society through the justice in the concrete case.