A tutela jurídica dos embriões in vitro como sujeitos de direito face o Princípio da Dignidade da Pessoa Humana no ordenamento jurídico brasileiro.

Abstract

This study, whose focus is on the legal protection afforded to the embryo in vitro, has as main objective to examine the legal treatment accorded to surplus embryos resulting from the use of assisted reproductive techniques, called IVF and ET (In Vitro Fertilization with Embryo Transfer) , objecting to the treatment given to them by the Biosafety Law (Law No. 11105/2005). The importance of this study lies in the fact fit cryopreserved embryos cryopreserved or as a subject of rights, and are entitled to protection of the law and deserves its recognition as a person living in a state of differentiated and therefore giving it all rights coming from its quality. To achieve this goal, this study is based on the deductive method, in literature, using the legal hermeneutics, always aiming to provide an understanding of the issue, digging at the juncture of a democratic state founded on the principle Dignity of the Human Person, demonstrating its applicability in relation to the legal protection of the human embryo in vitro. It will examine ways in which the assisted human reproduction, their types and consequences, which are crucial issues in a real dilemma to be solved by legal parental rights. In this context, we discuss the Law for Regulation of Biotechnology and its nuances. The relevance of the subject in contemporary reality is patent, stands out because human life from the point of view of biological and legal, and traversing the theories that guide. Analyzes the legal status of embryos in vitro addressing questions about the risk of its reification by virtue of being in extra corporeal situation, verifying the need to protect it, due to his human nature, aiming precipuamente the protection of life, face to genetic manipulation, positioning it as the cornerstone of the Brazilian legal system. Thus, according to the research conducted, there is the need to protect the embryo in vitro in order to be thus protecting the human being, against the development of biotechnology.