THE ASPECTS AND EVOLUTION OF BRAZILIAN LEGISLATION RELATING TO ASSISTED REPRODUCTION

Abstract

The present study investigates the legislative gap in Brazilian law regarding assisted reproduction techniques ("ART"), such as artificial insemination and in vitro fertilization. What are the problems in applying assisted reproduction techniques in Brazil due to the lack of specific legislation suited to technological advances in this area? The general objective of the article in question is to analyze the problems in applying assisted reproduction techniques in Brazil due to the lack of specific legislation suited to technological advances in this area, with the specific objectives of analyzing the implications of ART in Family Law , compare existing regulations in countries such as Spain and Canada, and discuss the resolutions of the Federal Council of Medicine as temporary regulations. Through a literature review and comparative analysis, the study explores how TRA reconfigures notions of parenthood and filiation. The study is justified based on the need for specific legislation, resulting from rapid technological advances and underlying ethical issues, such as the right to know one's genetic origin. The methodology used is based on a review of national and international literature, analysis of comparative legislation and interviews with experts in family law and reproductive medicine. The study concludes by emphasizing the urgency of specific legislation that protects the rights of all parties involved, ensuring legal certainty and reflecting society's ethical values.