Reprodução em paciente comatoso masculino: um estudo acerca da colisão entre a autonomia/dignidade do paciente e a liberdade reprodutiva da mulher em face dos princípios e direitos fundamentais

Abstract

With the scientific transformations of recent decades has become necessary to broaden the discussions involving the procedures and techniques of Biomedicine and your relationship with the Law. This need can be seen to cases where there are new procedures and conditions for applying the new techniques, such as in vitro fertilization in male comatose patient; however, there is no still legal regulation of the procedure. Thus, this study will conduct an analysis of assisted reproduction techniques and the circumstances of the state of irreversible coma in the face of the constitutional principles of reproductive freedom of women, human dignity and autonomy of the comatose patient. This article will address possible solutions as to whether or not the procedure of assisted reproduction with genetic material coming from comatose patient. It is intended, therefore, to demonstrate, through a deductive methodology, the impossibility of assisted reproduction when collecting semen is held in comatose patients, as well as the possibility when semen is donated before the coma and still have donor left in writing or evidenced being that is your desire.