The use of assisted human reproduction techniques and obedience to the principles of Bioethics

Autonomy and Justice

Abstract

Since 1984, after the birth of the first test tube baby in Brazil, the discussion on Assisted Human Reproduction Techniques (ATRT) has become even more necessary. This study aims to demonstrate some ethical and legal discussions involving ATRT, as well as to provide an overview of its main legislative instruments and highlight the reasons for the point of conflict. Through a bibliographic review of doctrinal works and scientific articles, combined with the analysis of current legislation, the qualitative method was used, which is based on the interpretation of texts and norms to understand social and legal phenomena. Thus, it was possible to verify that the right to reproduction, family planning and genetic identity are considered fundamental rights and related to the principles of autonomy and justice, but there are conflicts that can be caused by the absence of specific laws and the omission of the Public Power regarding their effectiveness in the practical field. A gradual increase in demand for TRHA was also identified, and unfortunately, only a limited portion of the population has access to the procedures due to their high cost. Therefore, the State still needs to be more committed to guaranteeing these rights, so that access is guaranteed to all interested parties, regardless of social class, while also providing security to all those involved in this process. At the same time, it is essential to fill the existing legislative gap by drafting a specific law in which fundamental rights are guaranteed and ethical criteria are established in the context of TRHA.