Fundamentos constitucionais do direito à reprodução assistida

Abstract

The objective of this paper is to contribute to the recognition and consolidation of the Right to Assisted Reproduction in the Brazilian constitutional legal system, based on the hypothesis that, although it is not expressly present in the text of the Federal Constitution of 1988 and there is no federal law on the subject to date, the Right to Assisted Reproduction results naturally and necessarily from the systematic interpretation of the fundamental principles of the Constitution. To this end, we address the constitutional principles and fundamental rights that interact so that the Right to Assisted Reproduction can be affirmed, notably the Principle of Human Dignity, the Right to Health, the Constitutional Guarantee of Equality, the Right to Happiness, State Protection of the Family and the Right to Family Planning, linking them to the major theme of Reproductive Rights. We also seek to address controversial issues regarding the Right to Assisted Reproduction, related to the field of Bioethics, and which confirm the need for greater legal discipline on the subject. The analysis of the situation in other countries is also the object of this work, so that the difficulties of the subject can be pointed from the perspective of comparison with other realities different from ours. Based on its recognition and a proposal to delimit its boundaries, we hope that the Right to Assisted Reproduction will be guaranteed to all who wish to have children and encounter difficulties in this process