Do conhecimento à origem genética e o sigilo do doador nos casos de inseminação artificial heteróloga: uma análise à luz dos direitos da personalidade e da dignidade da pessoa humana.

• Autor(a) principal: CRUZ, Maria Eduarda da
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Digital Unicesumar
• Texto Completo: http://rdu.unicesumar.edu.br/handle/123456789/6445
• topic: Direito à identidade genética; Direito ao anonimato; Direito da personalidade; Colisão de direitos; Inseminação artificial; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The research aims to analyze the importance of the technique of assisted reproduction for the right of affiliation, because even with all the importance of the scientific technique that generates life, it also generates consequences of moral, social and legal values. This will occur through the study of conflicts between the individual's personal right to know their genetic origin, aiming at human dignity, and the donor's right of genetic material to remain anonymous. Still as specific objectives, it is intended to examine the physical, social and moral consequences of ignorance of the genetic origin, such as the possibility of genetic diseases and incestuous relationships that also generate eugenics problems. Thus, a problem begins: the conflict between the donor's confidentiality rights and the personal right to know the genetic origin. Therefore, based on the consequences of insemination, the prevalence of one of these rights will be sought for its application in specific cases and legal issues. This research does not aim at the absolute truth, since it starts from the premise that absolute knowledge is not attainable, because it is believed that the law must accompany social reality, inquiring for answers in the doctrine, in the jurisprudence, and in the scientific advancement of assisted reproduction techniques. Therefore, the subject to be researched aims to contribute to the advancement of law that must accompany social and scientific evolution by updating its rules so that they are effective and applicable by their operators, thus reflecting the social reality. For this reasons, the prevalence of the donor's right to anonymity was obtained as a result, with only the knowledge of genetic information being used while the identity remains confidential, in addition to raising awareness among the population as well as the legislators of the matter in question, so that the legal rules can be update.