Quebra de sigilo do doador do material genético: direito à verdade biológica x direito ao sigilo do doador

Abstract

The present work deals with the conflict of fundamental rights of the privacy/anonymity of the donor of genetic material and intimacy/knowledge of the biological truth of the individual generated by heterologous assisted reproduction, here these fundamental rights are treated as basic principles of the legal system legal system, which is why they deserve special treatment when solving the apparent conflicts between them. In order to do so, the evolution of the family over the of history and the need for the legal system to adapt together with the society changes. From this, the reasons underlying the prevalence of each of the rights in the specific case, in the light of recent norms legal requirements, such as the General Data Protection Law and Resolutions of the Federal Council of Medicine and doctrines that deal with the right to genetic identity in the of Civil Law. Finally, proportionality and the weighting technique are presented as the most adequate means to judge the specific case, in addition to showing how the The Federal Supreme Court has already embraced the use of the technique in similar cases, checking its need for more complex cases. It is concluded, therefore, that the use of weighting is the most appropriate for the solution of the conflict object of the study