Da vida humana e seus novos paradigmas : a manipulação genética e as implicações na esfera da Responsabilidade Civil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The analysis of civil responsibility regarding modern day biotechnology innovations allows questioning of the Law’s real purpose before society, primarily due to the speed of information and constant scientific discoveries in our Contemporary World. In this dialogue between scientific innovations and juridical adequacy stemming from their behavior, it is understood that the Law cannot wait for concrete cases in order to regulate this subject matter. To the contrary, the Law should have the gift of bringing efficient ensuring mechanisms to contractual and extra contractual relationships certified by all involved parties, as well as the society in general, if we think of protecting the life of future generations. However, the Law’s main objective remains being the protection of fundamental rights, especially the right to a dignified life. This is not an easy task, because not even science has answers when inquired about the probable consequences of research involving genetic manipulation of vegetable and human cells. Stopping such research is not appropriate, for there are hopes of cures for diseases and better quality of life. On the other hand, “playing God” is a worrisome task, given the damage it may cause to humanity. Global legislation, in its vast majority, has not shown a favorable position towards genetic manipulation of stem cells. In Brazil, the law 11.105/2005, the so called “Biosecurity Law”, which manages permission to use embryo stem cells in scientific research, marks the beginning of a new legislative milestone in Brazilian history, although containing gaps and imperfections. But the issue, even regulated by law, is still the object of heated discussions within our society, especially between scientific and religious communities. The present work brings together the gaps left behind by the Law, and the situation that requires most attention: the question of genetic damage and its civil reparation, especially in relation to applying civil responsibilities’ Objective Theory.

ASSUNTO(S)

personalidade (direito) responsabilidade (direito) personality (law) genetic engineering personality (law) engenharia genética

ACESSO AO ARTIGO

Documentos Relacionados