WHAT CAN BE DEDUCTED ABOUT THE EXISTENCE OF PERMISSION OR LEGAL PROHIBITION TO THE CLONING OF HUMAN ORGANS INTENDED FOR DONATION AND TRANSPLANTATION OF ORGANS IN BRAZIL BASED ON THE BIOSAFETY LAW AND THE NATIONAL LEGAL ORDER

Abstract

Through a deductive technical-legal analysis, this Expanded Summary demonstrates what can be deduced about the existence of legal permission or prohibition for the cloning of human organs aimed at organ donation and transplantation in Brazil. In this sense, the study shows that organ cloning should be used cautiously and correctly, but cannot continue to be prohibited, because to disregard this important scientific instrument in favor of patients would be to condemn them to death or to abandon them for lack of organs, which could easily be cloned in a laboratory. This line of reasoning leads to a reflection based on the need to recognize the importance of Reasonableness, Dignity of the Human Person and the Right to Health in the application of Brazilian Constitutional Law.