Wrongful Birth e Wrongful life : uma análise a partir da responsabilidade civil perante o direito brasileiro

Abstract

This dissertation analyzes the compensation of the damages related to the wrongful birth and wrongful life figures with the Brazilian legal framework. It presents the evolution of the protection of damages in tort law and conceptualizes wrongful birth and wrongful life, distinguishing them from similar damages. Investigates the north-american and European leading cases, focusing on the case law evolution of the subject. Lists the complex and controversial aspects of both damage on two levels, legal and extralegal, and identifies how to overcome them. Ascertains how to adapt the institutes to the specificities of Brazilian law. Lastly, this work is concluded through a proposal of the perception of wrongful birth and wrongful life as damages to procreative autonomy and the right to an open future, as opposed to the loss of a chance of aborting or having been aborted. In addition, it defends the creation of an indemnity fund and anti-discrimination public policies. The applied method is hypothetico-deductive. The dissertation is grounded on the area of concentration of the Post-Graduation Program in Law of the Pontifical Catholic University of Rio Grande do Sul, denominated "Constitutional Foundations of Public Law and Private Law" and the line of research is "Efficacy and Effectiveness of the Constitution and Fundamental Rights in Public Law and Private Law ".