Da efetivação dos direitos e das garantias dos menores frente à reprodução humana artificial.

Abstract

Biotechnology advances provided mankind a lot of improvements, one of them resides in the possibility of human conception by artificial human reproduction, this technique consists of the set of procedures used by medical professionals specialized with the fulcrum of human procreation. On infertility, growth of scientific advance, the growth of specialized medical clinics, as well as of modern social factors, there was a greater search for this technique, they make it possible to achieve the desire to conceive a son to those who, by nature, are somehow unable. Such methods of artificial concepts, do not find support in brazilian legislation, and only specific, regulated, so sparse for some provisions of the civil code and the Federal Constitution. Although this legislative omission, the Federal Council of Medicine in resolution nº 2.121/2015, which established rules and ethical standards to the continuation of assisted reproduction, considered, including, a standard for the parties involved in such procedure. One of the provisions of that resolution, to donors of genetic material to preserve the anonymity of your identity, not forcing the maintain any link to be generated, whether parental, affection, livelihood or affinity. Thus, although the right to family planning, single parenthood, as well as the use of reproduction techniques for human procreation, they cannot underestimate the fundamental guarantees of children and adolescents, and beings rights priority, nor yet, have inflicted the guarantee of human dignity of the child. For the preparation of this study, the research method used was the deductible. As for the technical procedure, use theoretical research with use of bibliographic and documentary material in the entire work, in addition to having used the constitutional and civil law in Brazil, as well as theme-specific resolution. Thus, the present study aims to conduct a study on the applicability and effectiveness of rights and guarantees of children and adolescents assisted human reproduction front. Thus, this study sought to find ethical and legal limits that exist between the scientific advancement and to guarantee the rights of these minors, such as the right to human dignity, the right to family living, the right to knowledge of your origin Genetics, right to your best interests and your full protection.