Biotechnological advances and their reflections: a case study on nationality in the light of human rights

• Autor(a) principal: Pavão, Juliana Carvalho
• Data de Publicação: 2019
• Outros Autores: Mortati, Ana Flávia Terra Alves, Espolador, Rita de Cássia Resquetti Tarifa
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/5007
• topic: Human Rights; USA; Nationality; Assisted Reproduction.; Direito; Biodireito; Direitos Humanos; Estados Unidos da América; Nacionalidade; Reprodução Assistida.

Medicine has undergone several transformations in order to improve people’s quality of life. As an example, assisted human reproduction is cited. This technique reveals its importance in that it allows individuals with fertility-related dysfunctions or even homoaffective couples to have children. But it is not only: it also reveals itself as a resource to those who intend to plan the interval or the time in which they will have their descendants. However, although widely used, it appears that the ethical-legal problems arising from this procedure have not been sufficiently addressed by law, either by the absence of regulation or by the consequences that have arisen, not previously foreseen. This is what happens when there is a confrontation between legal and administrative decisions and fundamental rights protected by international declarations. In this scenario, two cases of the United States of America will be analyzed, in which, once, citizenship was granted only to one of two brothers (twins), based on genetic factors and disregard of affective bonds. To do so, an analysis will be made of assisted reproduction techniques and their regulation in Brazil, as well as in the United States of America. This, in order to correlate the issues related to American citizenship and the human rights involved in the situation in reference. The method adopted is the deductive, based on the doctrinal and legislative aspects pertinent to the theme, both nationally and abroad.