A seleção genética embrionária pré-implantacional como expressão da liberdade reprodutiva : possibilidades e limites

Abstract

This work examines the relationship between the reproductive liberty in Brazil and the practices of genetic selection of human embryos before implantation in the womb. The central objective is to verify if the access to the embryonic selective practices can be seen as a legal position to be guaranteed by the right to reproductive liberty. Firstly, it discusses the dynamic and complex context in which are the technologies of embryonic genetic selection, highlighting its various applications and the reductionism that some theoretical proposals on its moral and legal acceptance can reach. Whith the aim to relating the embryonic genetic selection issue to reproductive liberty, it studies the legal trajectory of this liberty‟s category and its foundations in the Brazilian constitutional order. Subsequently, it stablishes some interpretation criteria of reproductive liberty that delimit the normative framework of this right and restrict its content, adding to the subjective perspective of this right, the relational and community dimensions. The subjective, relational and community dimensions of the right to reproductive liberty are developed and related to the various selective practices with the aim to supporting the argument that the preimplantation genetic selection, subject to certain purposes, is included in the protection of the right to reproductive liberty. This is a theoretical and bibliographical research, developed from the Edgar Morin‟s theory of complex thinking and his paradigm of complexity proposal to understand the reality that surrounds us.