Análise jurídica acerca da gestação de substituição.

Abstract

This survey deals with the analysis of the Substitution Gestation and the stirs that come from it, considering it has become a viable alternative to solve the problems of the women who are not able to gestate. Besides, such a method does not have any legal prescriptions which conduct it, being disciplined, only, by the Resolution n° 2.013/13 of the Medicine Federal Council - MFC (Conselho Federal de Medicina – CFM), which imposes some restrictions when it comes to doing such procedure. That way, the aim of the present article is to embody the analysis of the lack of legislation about the Substitution Gestation and the restriction of womb donators that is imposed by the resolution of the MFC, as well as the consequences which come from that situation. It also aims at evaluating the role of family planning towards the adoption of techniques of assisted human reproduction with the finality of constituting a family; examining the different techniques of assisted reproduction practiced in Brazil, beside the Resolution 2.013/13 of MFC; and, at last, identify the cases of womb commercialization and the possible solutions for combating such illegal practice. For the quoted survey, it was used the hypothetical-deductive method as an approaching method; as procedure methods, were used the historical-evolutionist and the comparative methods; and, as a research technique, the indirect documentation. The research is structured in three distinct moments – firstly, it treats about the family and family planning; a posteriori, in the second one, it approaches the assisted human reproduction and the Resolution n° 2013/13 of CFM; at last, it talks about the general aspects of the Substitution Gestation, as well as about the lack of legislation and the restrictions imposed by the MFC. That way, it was confirmed that the techniques of assisted human reproduction are of high importance for society, once they make it possible for people who show infertility problems to form a family. Besides, the absence of a specific rule of law about the Substitution Gestation, when added up with the restriction of womb donators, ends up contributing for the commercialization of wombs. Furthermore, it is concluded that it is extremely necessary the elaboration of an effective normative system about the Substitution Gestation, which would be responsible for disciplining all the nuances towards the theme, and for allowing the amplification of the list of womb temporary donators.