A reprodução assistida heteróloga e seus desdobramentos jurídicos: o embate entre direitos e uma análise sob a perspectiva do direito comparado

Abstract

The present work has as object of study the clash between constitutional norms created from the scientific advance and the consequent increase in the use of assisted reproductive techniques heterologous, being they the right to anonymity of the donor of the genetic material and the right of the individual to have knowledge of its biological origin. Given this scenario, the need arises to recognize the very personal right of access to genetic ancestry as a fundamental right, as well as to relate it to other legally protected legal rights. The right to knowledge of biological truth in the context of Bioconstitution will be analyzed, given the legal and ethical contribution of this institute to the theme discussed in this paper. Due to the absence of specific legislation regulating the use of these techniques, the subject will be approached in the light of comparative law, in order to identify the positioning of other countries and seek the appropriate solution to the conflict of rights. Finally, it is essential to differentiate the state of affiliation of the right of knowledge from the genetic identity, in order to be distinct rights and in many cases both are necessary to guarantee a full life to the people conceived by those methods of conception.