O direito ao conhecimento da origem genética frente ao direito do doador ao sigilo, nos procedimentos da inseminação artificial heteróloga.

Abstract

This monograph has as subject: “The right to knowledge of genetic origin against the right of donor confidentiality, in the procedures of heterologous artificial insemination. The problem that the research seeks is to know if the right of the donor to stay withyour sensitive data can be superimposed on the right of the person from heterologous assisted reproduction have access to their genetic origin, even though this is a right of the individual's personality and therefore fundamental. The hypothesis put forward is that will be possible the breakdown of donor anonymity and that in the framework of the ancestral origin research (genetic ancestry), the individual who already has a paternal-filial relationship established by socioaffective filiation or even one who does not has it, intended to only obtain recognition of their origin, know their history, not seeking the formation of a filiatory bond with their biological parent, much less obtaining food or possible inheritance. Has as principal objective to examine the possibility of recognizing the anonymous donor gamete (male or female) as form to ensure the prevalence of the principle of human dignity, without thereby implying an eventual recognition of filiation. In turn, has as specifcs objectives: to analyze the family structure and the socioaffectivity; analyze the institutes of Bioethics and Biolaw; discuss and present legal problems and ethics coming from the technological advances in assisted reproductive methods; relate the principle of human dignity and the personality right with the right to ancestral identity; analyze the conflict between the right to genetic identity and the right to confidentiality of the donor; analyze the treatment of the subject in other countries. During the research opted for the deductive method of approach. As for the method of procedure, the adopted is the comparative and as the form of approach of the problem the method used is qualitative, descriptive. As for the technical procedure, adopted the bibliographic-documentary, because elaborated from laws, books, internet and journal articles with content analysis. In the production of the research was also used comparative law. Structurally, the monograph is divided into three chapters. In the first, will be approached the new ethical-scientific guidelines, which gave rise to Bioethics and from the interaction between this and the Right came the Biolaw. Both, institutes indispensables for maintaining a dignified life and full of human beings. In the second, is analyzed the assisted reproduction, specifically the heterologous insemination, how this is extending to everyone the right to procreation and the new parameters for establishing a filiatory tie. Finally, in the third, will face the donor anonymity and the right to knowledge of genetic origin, arriving to the conclusion that the latter should prevail, because indispensable element to the personality right and, consequently, the principle of human dignity.