Identidade genética versus anonimato: uma análise sobre a colisão dos direitos envoltos na técnica de reprodução assistida heteróloga e suas repercussões no universo jurídico

Abstract

The present study aims to promote an analysis of the problematic of the use of assisted human reproduction techniques, with a focus on heterologous fertilization, regarding the collision of two fundamental rights linked to the preservation of the dignity of the human person. While some scholars argue for the existence and necessity of guaranteeing the donor's anonymity regarding the right to preserve their privacy and privacy, others argue the possibility of breach of this guarantee by the right of the individual generated to know its genetic origin, thereby having access to the civil information of his / her parent. Considering the lack of normative regulations on this subject, seeking to harmonize the evolution of biotechnology with the protection of human and constitutional rights, will discuss what are the current implications of this tie in the legal universe, especially in family law. In addition, it will address the possible application of the criterion of weighting interests, based on the use of relativization of these rights and principles, based on proportionality and reasonableness.