Análise da responsabilidade civil pela utilização de técnicas de reprodução humana assistida e a carência de legislação vigente sobre o tema em nosso país

Abstract

The present work has as its theme the techniques of Assisted Human Reproduction, analyzing civil liability in the face of gaps in the Brazilian legal system and has as main objective to promote reflections on bioethical and legal problems arising from such a controversial theme. The problem occurs mainly in the conception of the child through the techniques of assisted human reproduction, taking into account the right to family planning provided for in the Constitution and the lack of legislation that regulates such procedures ethically and legally correctly. Thus, this research is justified by dealing with a problem related to one of the most important spheres of the human being, the right to life and consequently procreation. It is therefore necessary that law operators know the types of assisted human reproduction techniques, as well as their classification in the scientific world, so that they can conduct and litigate fairly and always related to bioethics. In the approach to the proposed theme, assisted human reproduction techniques will be observed and conceptualized, so that it is clarified and does not leave doubts about such procedures. We will also present the guiding principles of the law related to family planning in a conceptual and interdisciplinary analysis of the subject, to try to minimize the questions related to the subject.