POST-MORTEM ASSISTED HUMAN REPRODUCTION AND BRAZILIAN COURTS:: ANALYSIS OF SPECIAL APPEAL 1.918.421/SP

• Autor(a) principal: Carvalho Pavão, Juliana
• Data de Publicação: 2024
• Outros Autores: Resquetti Tarifa Espolador, Rita de Cássia
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/47163
• topic: Biotechnology; Family law; Manifestation of Will; Post Mortem Assisted Human Reproduction; Biotecnologia; Direito das Famílias; Manifestação de Vontade; Reprodução Humana Assistida Post Mortem

Assisted human reproduction (AHR) techniques arebeing increasingly used, however, over time, conflicts arise anddemands are proposed before the Judiciary, which must providea response. In view of this, the present work aims to analyze thejudgments of the Brazilian courts on the subject of post mortemRHA, mainly the Special Appeal n. 1.918.421/SP of the SuperiorCourt of Justice (STJ), with the purpose of tracing what has beenthe jurisprudential understanding on the subject and how thelegal system has been used. The work uses the deductive method,performing the analysis of the main cases on the subject. Thus,it is concluded that the Brazilian legal system has not adequatelyregulated procedures involving RHA, in view of this, courtshave often used technical regulations from other bodies to basetheir decision. With regard to post mortem RHA, the courts havealways observed the existence or not of the deceased’s will,in order to then authorize the procedure. With this research, itis clear that the decision of the STJ is in accordance with thedecisions of other courts, however, it should be noted that theexpression of will does not necessarily need to be written,and can be proved by other means. Finally, it is clear that it isessential that the Terms of Free and Informed Consent properlycontemplate the destination of the embryos/genetic material indifferent situations, since they can be used as a means of proofof the manifestation of will.