PEREIRA, G. L.; http://lattes.cnpq.br/7671421991731970; PEREIRA, Graciene Lins
Abstract:
The growing development of biotechnology led to several discoveries regarding medically
assisted human reproduction and thus enabled the man who saw himself unable to
procreate , the realization of having a child by artificial means. However, genetic evolution
is causing discussions of ethical, social and religious nature. In this context, this study
develops around an explanation of the biolaw, that this protects the right to life in the face
of biotechnological development, using the constitutional principles dealing with the
protection of human science, making as well as to theories argue that the beginning of life
and how the right to life is constitutionally provided for, trying to relate the scientific
advancement on life and their respective legal regulations. Throughout his work , is
outlined the concept of assisted reproduction and addressed generically about all kinds of
assisted reproduction techniques , however, is developed specifically one of the assisted
reproductive techniques, known as fertilization " in vitro ", which generates in its materiality,
surplus embryos, which is the problem developed in relation to the handling of surplus
embryos in the face of the principle of human dignity, proposing the recognition of the legal
status of the embryo, then immediately pointing alternatives that enable a good allocation
to surplus embryos so that the right to life of these can be guaranteed , ignoring the
possibility of disposal. To this end, deductive, exegetical - legal, comparative literature and
methods will be employed to research and study these issues. So after the analyzes, the
results found in the survey, before the reality is that you need to express regarding the use
of methods of assisted reproduction legislation, so you can ensure an effective and legal
way the recognition of surplus embryos to be human, enabling the development of these
beings in early.