A responsabilidade na reprodução humana eugênica: aspectos éticos e jurídicos

• Ano de defesa: 2017
• Autor(a) principal: Bianchini, Giseli Marques
• Orientador(a): Santos, Maria Celeste Cordeiro Leite dos
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Reprodução humana; Eugenia; Responsabilidade; Ética
• Palavras-chave em Inglês: Human reproduction; Eugenics; Ethics; Responsibility
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/19728

This work aims to analyze the responsibility for eugenic human reproduction, with an approach to ethical and legal aspects. The justification of this research consists on the extraordinary question that surrounds the responsibility in eugenic human reproduction, given the relevance of the role of Bioethics and Bio-Law in analyzing ethical and legal aspects and establishing limits in the use of medical research results, always maintaining a bond between the technical and ethical powers, based on the purpose of preserving the humanization on the procedures of assisted human reproduction. For a better understanding of the subject, it is necessary to reflect about the importance of the children to the individuals whose project of concretizing motherhood or fatherhood was not possible through natural methods. In this context, arises the possibility of using the techniques of assisted human reproduction. However, it should be noted that to the employment of these techniques is necessary to pay attention to the personal conditions of potential patients, their capacity and also the issue of their free consent to the submission to the procedures. It is important that patients are aware of the real opportunities of success with the results, as well as the possible risks of frustration. The legal system in validity in Brazil is still permeated by gaps because of the rapid development of reproductive medical sciences and, in this sense, does not have specific regulations for a number of situations that raise important conflicts, not only in the legal sphere, but also in ethics, as the cases of excess embryos and its possible freezing, preinseminations, diagnosis, artificial insemination post mortem, the gestation of replacement and the status of filiation, among many others. In fact the constitutional principles and norms are able, at first, to solve important issues, considering that always part from the fundamental rights inherent in human life, as well the dignity and the human welfare. However, it is important to mention the need to use the criterion of ponderation when there is a conflict between fundamental principles as solution to the collision of interests, as occurs in the anonymity of the donator against the right to knowledge of genetic origin. In order to do so, through bibliographical and documental research, and writing, using the inductive method, sought to outline the dimensions of the rights that surround the assisted human reproduction, as well as exposing its intrinsic relation with ethics and fundamental rights inherent in the exercise of a dignified life. In this sense, eugenic abortion, the choice of sex and the characteristics of babies should be analyzed in the light of human dignity, as well as all constitutional precepts related to life and full human development, attributing to each being that will be conceived the prerogative of born free.