A REPRODUÇÃO HUMANA ASSISTIDA POST MORTEM: UM ENFOQUE A PARTIR DA DIGNIDADE DA PESSOA HUMANA

Abstract

The scope of this work is to understand, in light of the dignity of the human person, the usage limits of the post mortem assisted human reproduction technique, in the face of the existing impasse between the express manifestation of the future parents’s will to implement the family project and the fundamental rights of the child soon to be born. As a way of conducting the study, we seek to understand how assisted human reproduction techniques have been an alternative path for the accomplishment of the fundamental right to family planning. This study is based on the perception of Brazilian civil law through the eyes of the Federal Constitution of 1988, that is, the phenomenon of constitutionalization. In this context, the investigation imbues aspects related to the alleged parents’s exercise of reproductive autonomy and the fundamental rights of the unborn child, having as a guiding principle the supreme value of the dignity of the human person. This existing duality between the two possible understandings of the principle of the dignity of the human person, as autonomy and intrinsic value of the person, highlights the primordial point of the study, in the sense of ackknowledging the existence of other limits rather than just the express consent of those involved for the use of the post mortem assisted human reproduction techniques. Confirming the readying hypothesis, it appears that the rights of the child, defined based on the doctrine of full protection of children and teenagers and the right to family life, establish other limits to post mortem assisted human reproduction. Regarding the disclosed procedure, the content analysis method implemented through previously established referents was elected, and the data will be acquired through the bibliographic research method, all structured through the inductive method.