Análise comparada dos aspectos éticos e jurídicos do “savior sibling” nas experiências luso-brasileira: reflexões sobre as repercussões no planejamento familiar

Abstract

The present work seeks to approach, through analyzes and bibliographical, legislative and jurisprudential research, an uncommon theme for society in general, however, of great prestige and deserving of special attention in our legislation that is so outdated: they are the so-called “savior siblings” or savior brother (in free translation). In this work, we will deal with the Family Planning Law, which is a fundamental right that allows Brazilians to decide freely about having children and when to have them, as well as the right to procreation, whether natural or not, and the State must provide educational and scientific resources to guarantee the exercise of that right; then, with regard to Assisted Human Reproduction and techniques such as Preimplantation Genetic Diagnosis in the creation of a “savior sibling”, we will approach in a subtle comparative analysis the Portuguese jurisprudence, which at European level had one of the first constitutional texts on the matter exposed here, in contrast with the Brazilian jurisprudence, where there is a slowness in having adequate legislation; finally, an analysis of the CFM resolutions on the matter, as well as the need for legislative regulation of the content.