SOUSA, A. M. A.; http://lattes.cnpq.br/3203367526740695; SOUSA, Andrêsa Mayara Andrade de.
Résumé:
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.