CLONING AND GENE EDITING OF ORGANS AND TISSUES ETHICAL AND TECHNOLOGICAL SOLUTIONS FOR THE CHALLENGES OF DONATION/TRANSPLANTATION, PRESERVING HUMAN DIGNITY AND FULL HEALTH

Abstract

This study offers a critical analysis of Human Organ and Tissue Cloning as an ethical, bioethical and technologically viable solution, viewed from a constitutional perspective, highlighting the imperative of its application in addressing the consequences generated by organ and tissue transplants in the treatment of diseases today. We initially observe the paradigmatic changes in the dynamics of modern liquid society due to technical-scientific advances, correlating them with the rights to health and dignity present in the Constitution, which serve as the foundation for a robust legal hermeneutics in tune with contemporary social aspirations. In this context, there is an urgent need to reassess the prohibitive legal and infra-constitutional approach, which undermines the fundamental constitutional rights to full health and dignity of Brazilians. We argue that therapeutic cloning and gene editing methods should be prioritized as a way of achieving maximum effectiveness of the Fundamental Human Rights to Full Health and a Dignified Life of recipients and donors. The methodology adopted is a critical literature review, supported by a vast bibliographic review and documentary analysis, aiming at a scientific approximation of the law to the factual reality.