Os aspectos jurídicos da clonagem e reprodução humana no ordenamento jurídico brasileiro.

Abstract

The present research searchs to present through the bibliographical research, a general vision on the legal aspects of the clonagem and reproduction human being, that it is a subject that comes generating a series of questions of difficult solution for the society. It was used primordially, the bibliographical method for the collection of data and specific concepts on the subject, entering into an alliance it the exegetieolegal method, better aiming at study on the boarded legal questions in the present work. In such a way, ahead of the problematic one, one searched to explore aspects that guide the subject, aiming at a study and posterior agreement of the norms brought for the legal system, which are the Resolution n° 1,358/92 of the CFM (Federal Advice of Medicine) as well as the Law n° 11.105/2005, Law that regulates the biodireito. One in this way searched to explore aspects that guide the subject as the biodireito, the clonagem and reproduction human being, the bioetica, the life and mainly the current law so that if it demonstrates the questions raised, not only as a briefing study, but as the survey of a problematic one of the gift, so current, that it deserves a redoubled attention, front to the possible upheavals that can appear, in case that it has the inoperancia of the norms that are valid in our order, mainly in regards to the well bigger and more protege, that it is the life. It is important of this making, to alert that the Biodireito must inspire to legislative politics in the creation of instruments of prevention and repression, whenever necessary to it safeguards of the dignity human being. This commitment can be accomplished by means of the diffusion of new principles, as well as of necessary rules, when the generality and the opening of the principiologico statement to need concretude in face of the permanent and new threats to the life.