RESPONSABILIDADE NA REPRODUÇÃO ASSISTIDA: O DANO INDENIZÁVEL NO QUADRO DA MANIPULAÇÃO GENÉTICA

Abstract

The present work aims to analyze genetic manipulation in its general concept and also in several specific ramifications, through the study of legislation, doctrine and jurisdiction. As it is an area external to biology, science and medicine play a fundamental role in the structure of the work. Brazilian legislation receives a greater focus, addressing the various laws that have been drafted, such as the Brazilian biosafety law and the genetic heritage law, and also their evolution over time. The central problem of the research is to analyze the existence of genetic damage in the field of civil liability, therefore the objective is to demonstrate its emergence in the national context and its legislative configuration that broadly encompasses these constantly changing concepts, in order not only to guarantee the legal support due, but also to prevent fundamental rights from being put at risk, since genetic manipulation acts closely related to the dignity of the human person. This gap between the scientific and legal spheres is constantly being demonstrated in the course of the work, always highlighting the importance of remaining an understanding between them. Thus, the conclusion of the work is that with technological advances it is possible to configure genetic damage, and there must be compensation when this occurs. The method used is deductive, carrying out a bibliographic analysis of national and foreign authors.