A importância do ativismo judicial para a preservação da dignidade da pessoa humana frente à manipulação genética

Abstract

The changes on the actual society prompted by the advance of technology and science impelled new issues that need judicial regulation.This can be observed throughout the biotechnological researches, especially regarding the genetic field, where the recent years’ discoveries were astonishing.The judicial decisions and, therefore the resulting law code should stand by the side of the essential principles of the Democratic State of Law: life and human dignity.This work tries to achieve the capability of the expansion of the Law’s acts, while also building a balanced relationship between the new biotechnological discoveries and the preservation of the human dignity.From the view of Simone Born de Oliveira on the supremacy of human dignity the position of Luis Roberto Barroso and Mauro Cappelletti will be analyzed, as they defend that unprecedented conflicts could be resolved, if the judges were allowed a more unrestricted power to act upon said conflicts.This research will debate on the absolute necessity of the Law’s presence on the human condition dilemma, the today’s society and science. It’s safe to say that the impact provoked by genetics research, as well as the rights of cryo-preserved embryos, should be discussed under the judicial and Human Rights perspective.