Judicialização da reprodução assistida

Abstract

The present work aims to analyze the possibility of the Public Entity being compelled to pay for assisted human reproduction treatments. Firstly, the analysis falls on the investigation whether assisted human reproduction is integrated with the right to health or family planning. Subsequently, it is examined whether the right to family planning is a materially fundamental right and the implications that this entails. This theme is developed through deductive methodology based on a qualitative and descriptive research, bibliographical references, legislation on the subject and judicial decisions. Was used as the theoretical framework the work of Robert Alexy.In conclusion, it has been demonstrated that in the event of a conflict between the concretion of fundamental social rights and the principle of the reserve of the possible, the solution will depend on the weighting of these principles in the light of the concrete case. In addition, the resolution of the conflict must be based on a coherent legal argumentation and on the duty to base thedecisions