A violação da autonomia reprodutiva e do planejamento familiar perante o erro na seleção de embriões: responsabilização civil e implicações éticas

Abstract

The present dissertation examines the intersection between Law and reproductive technologies, focusing on in vitro fertilization (IVF) combined with Preimplantation Genetic Diagnosis (PGD). The advancement of these techniques has impacted family structures, particularly concerning reproductive autonomy and family planning. The study is developed in light of the lack of specific legislation in Brazil to regulate such practices, which are currently governed only by resolutions of the Federal Council of Medicine. The research investigates civil liability arising from errors in embryo selection, examining the doctor-patient relationship concerning IVF and PGD procedures. It argues that this activity constitutes an obligation of result and that medical errors in embryo selection violate family planning and reproductive autonomy, thus constituting an existential harm. It also asserts that medical liability should be considered a contractual violation, eliminating the need to prove fault. Finally, the study delves into the ethical issues involved in embryo selection and its potential connection to biases and eugenic ideals. The research supports that, from a biopsychosocial perspective on disability, parents' choice of genetically healthy embryos does not constitute a form of eugenics but rather a legitimate exercise of reproductive autonomy. Furthermore, it represents a significant advancement in reproductive health, provided it is accompanied by an ethical and legal approach that respects the individual and social rights of those involved.