Análise ético-constitucional da utilização de embriões humanos em experimentos científicos.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This work aims to carry out an analysis ethics and legal about the constitutionality of the use of human embryos produced in vitro in scientific experiments. The doctrine about the subject is scarce and it appears quite divided. For someone there would not be any ethical or legal problem in the use of human embryos in such experiments although these would not have any biological or moral attribute inherent to the human person being only a potential life. Others understand that the human life appears in the act of the conception and it has an intrinsic value understanding therefore to be absolutely immoral and unconstitutional the use of human embryos in scientific experiments. On another part the Universal Declaration of the Human rights signed by the Brazilian state in 1948 recognize the dignity and it secures the right to the life to all the members of the human species without any type of discrimination. To his shift the Federal Brazilian Constitution itself for his time decrees like principle of the Brazilian state the dignity of the human person (art. 1st III) securing the life like basic right (art. 5th caput). However the Law 11.105/2005 which constitutionality was recognized by the Federal Supreme Court in instance of the Straight Action of unconstitutionality n 3510-0 in his art. 5th authorizes the use of conceived embryos in vitro not used in process of human assisted reproduction in experiments for getting stem-cells that can lead to the destruction of the used embryos So the author intends to investigate from a conception of the theory of the basic rights the existence of the biological moral and legal status of the human embryo with the objective to investigate the ethics and constitutionality of his use in scientific experiments.

ASSUNTO(S)

direitos fundamentais basic rights person principle life embrião humano ser moral pessoa vida moral being princípio bioética dignity direito bioethics. human embryo dignidade

ACESSO AO ARTIGO

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