Fertilização In Vitro: a questão do bebê medicamento e da gravidez que salva vidas á luz da dignidade da pessoa humana enquanto o princípio dos direitos da personalidade

Abstract

The present article has for goals the “savior sibling” technique towards the Human dignity perspective with the assisted human reproduction technique, specialty, the in vitro fertilization. The “savior sibling” techniques are not yet in the legal system; however, it is disciplined by Resolution n.2.294/2021 of Federal Council of Medicine. This technique is used by the parents that already have a child with a serious illness and needs a stem cell transplant for the treatment or cure. Thus, the “savior sibling” techniques are the conception of a child, who is compatible with the sickness sibling. Through, the in vitro fertilization is possible because of the preimplantation genetic diagnostic procedure, which select the healthy embryo compatible with the sibling has the illness. Nevertheless, it has discussions about the “savior sibling”, whereupon the concept baby is just an instrument for the seek sibling, and if it would be violating the Human dignity and the personality rights. Occurs that all the concept children have the legal protections, that’s sounds as not just an instrumental baby, because of he doesn’t lose the human quality and Human dignity. So, for understand this article, at first it was explaining the assisted human reproduction technique, specialty, the in vitro fertilization. After that, it was analyzed the “savior baby” in the legal system.