Os direitos reprodutivos pelo viés civilista: a tutela dos embriões na eventual separação dos cônjuges

Abstract

Infertility is a reality for many couples who wish to become a member. In these cases, the will can be biologically effected by using modern techniques of reproduction in this way, thanks to the advance of biological sciences, the couple's difficulty can be overcome. In order to deal with the perspectives that involve human reproduction, life, death, dignity, the present study will use beyond the constitutional and fundamental principles that garnish the theme. Legal regulation will solve legal problems that are increasingly present in society and until then without a clear answer, such as the custody of embryos in case of dispute between the couple. That said, the core of the study will be based on the protection of embryos in the Brazilian state and, therefore, must go through all the above­mentioned questions in order to establish solid answers about the civil protection of the embryo when it is "object" of litigation. And it is on these aspects that the present study, notably, when, due to facts unrelated to the initial will of the spouses, the embryos do not have the intended destination that would be the implantation and gestation of the possible fetus. Thus, for numerous reasons that are imposed on the couple, the guardianship of these embryos can generate conflicts about the destination when it is no longer a common circumstance between the members of this ex­marital conjugation. In other words, how to settle disputes in litigation between ex­spouses about the destination of cryopreserved embryos, and the result of the chromosomal combination of both parties involved.