MEIO AMBIENTE GENÉTICO E EMBRIÕES EXCEDENTÁRIOS

• Palavras-chave: meio ambiente. embrião excedentário. direitos fundamentais.

• Keywords: environment. surplus embryo. fundamental rights.

• Abstract:

  The right to protection of the

  genetic environment and surplus embryos

  is not a matter of easy solution in the legal

  world, due to the absence of specific legislation

  applied to the case. Unusually, the subject

  lacks jurisprudence, and even among scholars

  there are few approaches that shed any light

  on such a controversial question. On the other

  hand, the advances in medicine, which lead to

  the extension of life and innovative techniques

  in the field of human reproduction, make real

  what until recently would be unimaginable,

  allowing infertile couples to realize the dream

  of motherhood / paternity, even after death of

  her husband. In this context, the question arises

  of the right to life of surplus embryos trained

  in laboratories, after being frozen for further

  use, considering all the legal consequences,

  especially those concerning the full realization

  of fundamental rights. This article sought, through deductive reflection, to reach a

  plausible answer to the subject, where through the systematic interpretation of the legal

  system and according to the Constitution, the conclusion was reached that the surplus

  embryo must be guaranteed all the rights of the ordinary legislation and fundamental

  constitutional rights, especially that, founder of the Brazilian Nation: the dignity of the

  human person.

• Número de páginas: 15