In vitro human beings rights / A proteção jurídica do embrião in vitro na esfera civil-constitucional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present paper aimed at studying issues concerning the safeguard of in vitro human beings rights with regard to civil-constitutional law. At first, it was analyzed the legal condition of cryopreserved human embryos taking into account the similarities between the already born person and the unborn person. Following that, it was observed whether the constitutional principles can be applied as protection and acknowledgement tools of in vitro human embryos rights as well as integrated legislation, that is, rules to fill in legislation gaps concerning the safeguard of in vitro human beings interests. Yet, the civil protection of both personal and property rights of the in vitro human beings stood out. In personal law, it was pointed out the right they have to have parents, the right to have acknowledged their kinship ties and the possibility of being adopted. Regarding the structure of property rights, it was examined the hypothesis of in vitro human embryos be benefited by donations; however, their representatives should accept such benefit. Moreover, it was debated the issue on including in vitro human beings as legal heirs of those who have had them conceived either through fertilization using their own gametes or third parties gametes concerning the different kinds of succession

ASSUNTO(S)

in vitro human beings rights direitos do ser humano in vitro feto -- esetatuto legal, leis, etc -- brasil nacituros (direito) direito

ACESSO AO ARTIGO

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