Legislative gaps in the control and manipulation of the use of genetic material in semen banks

• Main Authors: Shary Kalinka Ramalho Sanches, Maria Fernanda César Las Casas de Oliveira
• Format: Article
• Language: Portuguese
• Published: Instituto Carlos Alexandre Moraes - ICAM 2019-05-01
• Series: Revista de Constitucionalização do Direito Brasileiro
• Subjects: reprodução assistida; banco de sêmen; lacunas legislativas; material genético
• Online Access: http://revistareconto.com.br/index.php/Reconto/article/view/52

Advances in genetics, resulting from biotechnology, especially at the end of the 20th century, were responsible for important reflexes in society. As a consequence of the accelerated speed in the evolution of Assisted Reproduction methods, family law has been taken to a new level, in which people can bear children regardless of physical contact with the partner, fertile age, heterofeffective relationship, or independent of both parents are alive at the time of conception. Although it is a social reality in a great progress, the state legislation did not regulate the matter - in Brazil, that since the decade of the 80 already presents important advances in the area of biotechnology, nothing was done in legislative terms. In this context, it is the Federal Council of Medicine that has regulated, through Resolutions, aspects that it considers important within the scope of its professionals. The objective of this article is to explore the legislative gaps in the control and manipulation of the use of genetic material in semen banks and their legal issues through exploratory research and qualitative method. Finally, in relation to the legal responsibilities, it is verified that, given the lack of specific legislation on biology, the clinics responsible for the excessive use of donated genetic material and the sperm banks can suffer those measures provided for in the current civil legislation, as a indemnification and civil liability for failure to provide the service, among others analogous. There is no legal provision in the criminal sphere for irresponsible use of genetic material.