HISTORICITY AND ETHICS IN ASSISTED HUMAN REPRODUCTION AND IN REPLACEMENT MANAGEMENT

in search of fundamentality

Abstract

Natural human reproduction has always aroused the curiosity of scholars, from the oldest thinkers to the most modern scientists. From the genome project, a vast scientific field was glimpsed in this area, which experienced enormous evolution. From the understanding of natural human reproduction, researchers moved towards infertility problems, developing the field of medically assisted human reproduction. In Brazil, the assisted human reproduction technique has taken great strides, due to the dedication and excellence of health professionals, who are increasingly specializing, leading the country to international credibility and reference. In the legal aspect, however, Brazil has not advanced, and the Brazilian Legislative Power has not yet acted to regulate this technique. We have no law in the strict sense that regulates the matter, which makes professional action and access difficult for those in need. The present work, using the Bibliographic Research methodology, proposes to analyze the existence or not of a fundamental right to assisted human reproduction and surrogacy, based on the constitutional principle of the dignity of the human person and to support the making of laws that bring legal security to executors and beneficiaries of the techniques used. The text is structured in Introduction, Human reproduction through time, medically assisted human reproduction in Brazil; The legal context of medically assisted human reproduction in Brazil; The fundamental right to medically assisted human reproduction and surrogacy, and, finally, a Conclusion, affirming the aforementioned techniques as a fundamental right to claim specific legislation.