A qualificação humana da pessoa: uma análise ético-jurídica dos embriões excedentários

Abstract

This paper pursues a better interpretation of the new reproductive technologies by making a counterpoint to the scientistic bias of bills processing in the country which excels in defending the interests of professionals, especially in clinics and laboratories, disregarding the new person generated. The social and scientific relevance of the subject is to reflect on the necessity of attention and caution in the implementation of the new technologies for breeding. Today, technological advancement is closely tied to the means of acquiring power and lacks evaluative constructs. It justifies the growing need for a further strengthening of the legal protection of the extracorporeal embryo so that the Principle of Human Dignity is effectively implemented. In Constitution’s perspective, the human person is not categorized as a subject who hires, who formally constitutes a family and who has a heritage. The constitutional protection is directed to the dignity of the person, considered in all its emanations. The primary objective of this research is to seek an ethical-legal framework for the embryo arising from assisted reproduction techniques in order to sustain the personal status. To attain this end, it will be adopted the content analysis methodology, taking as theoretical framework the consciousness in Husserl phenomenological meaning and the similar ideas of the group called substantialistic which sustain an onto-axiological concept of person. In a second moment, starting from the assumption that the extra-corporeal embryo is a person and, therefore, subject of personal rights; intends to demonstrate the unconstitutionality of the production of surplus embryos and to propose the replace of this practice by the cryopreservation of oocytes by vitrification - a promising new technique for assisted human reproduction. The legal proposed research is both comprehensive and purposeful.