Direito à filiação e reprodução humana assistida no Brasil: o diagnóstico genético pré-implantacional de embriões e as wrongful actions

Abstract

The development of technology enabled the emergence and application of techniques of assisted human reproduction, concretizing the dream of motherhood and/or fatherhood for many individuals who previously encountered obstacles in procreation. However, the improvement of assisted reproduction has brought numerous challenges to bioethical reflection and to biology. The improvement on assisted reproduction has raised moral dilemas, such as begin of life, reproductive rights and affiliation. As a consequence medical laws and its practices have been questioned. Advances on assisted reproduction also allowed the emergence of pre-implantation genetic diagnosis of embryos, a procedure that aims to select the embryos that will be implanted in the maternal uterus based on the evaluation of the genetic material. Therefore, ethical and legal inquiries have been generated. The intention is identify the emergence of biotechnology affiliation as well as to reflect whether the pre-implantation diagnosis would not be an incentive to discriminate or be a discrimination itself, specially when there is no proper regulation. Moreover, creating laws and regulation would slow the "embryo market" uprising. In this scenario, we analyze the different aspects of bioethical problems generated by assisted reproduction and pre-implantation diagnosis in Brazil, as well as their consequences for medical civil liability and international doctrine of wrongful actions. A bibliographical and qualitative research was adopted. This requests from the society maturity with respect to individual desires to the detriment of ethical limits was discerned, and the urgency of creating a legal status for assisted reproduction and its ramifications.