Gestação por substituição à luz dos princípios constitucionais e do ordenamento jurídico brasileiro.

Abstract

This investigation addresses the problematization of the lack of regulation in the Brazilian legal system in cases of the use of the Substitution Pregnancy technique. And to deal with this problem, the present work was supported by Resolution No. 2.168/2017 of the Federal Council of Medicine, linking to it jurisprudence, doctrines, articles and journals, trying through this to prove the great need for a regulation with the force of law to protect everyone involved in this process, since this gap in the law can bring major conflicts in relation to fundamental principles and rights. Furthermore, the main concern, which is supported until then by the aforementioned Resolution, is the possible commercialization of babies, thus conflicting the basic right of the Brazilian legal system with that of human dignity. Finally, this search for balance between science and law needs to be constant so that there can be a limitation in the performance and applicability of medicine, applying penalties in a fair manner when there are illegal acts during the process of assisted reproduction. Keywords: Substitution Pregnancy. Assisted reproduction. Brazilian Legal System. Constitutional principles