Proteção da vida humana embrionária e repercussão no campo jurídico e ambiental

Abstract

The advancement of science, particularly in the area of human reproduction, allowed the occurrence of human conception in a bypass through the process of in vitro fertilization to be made in a laboratory specializing in assisted human reproduction. The embryos not implanted in the uterus are cryopreserved. This work seeks to bring the questions of bioethics, the biolaw, about this issue and the issues involved. It also examines the framework of these embryos from the perspective of Constitutional protection of genetic heritage, the sanctity of life and human dignity. It also deals with the Environment when addresses the Brazilian Constitution of 1988, which in article 225 § 1, section I, legislation on the preservation and restoration of ecological processes and, in section II, provides that "it is for the government to preserve the diversity and integrity of the genetic heritage being shown that treating embryos is to address genetic heritage and also the Middle Ambiente.Trata Biossegurança/2005 New Law, which has allowed research on stem cells from cryopreserved embryos, as well as regulation this Act, still dealing with on the direct action of unconstitutionality (ADIN) 3510-0 which was proposed to the Supreme Court (STF), questioning the constitutionality of the legal permission of this research. Thus, an analysis is made on the existing legislation in order to get an insight into possible rights and protection of cryopreserved embryos.