A intervenção do direito penal na procriação medicamente assistida | 2017

Author(s) Rosana Filipa Gomes da Costa
Advisor(s) Margarida Santos
Year 2017

Synopsis The present dissertation is focused on the intervention of the Criminal Law in the Assisted Reproductive Technology, mainly the challenges that this procedure presents to the Criminal Law. Having this question as a foundation to our study, we‘ll proceed with the investigation of the level of necessity ofthis intervention, mainly by taking into consideration the fact that it only operates when other areas aren‘t capable of doing so. As a result, this process will provide us the right information to enable us to conclude, primarily through the evaluation of the criteria applied when this intervention is requested, if it is legitimate or not. By being an innovative and constantly expanding field, the Assisted Reproductive Technology presents a lot of challenges to the Law, which forces it to keep up to these constant changes so that it can regulate dimensions such as this specific one. Following this set of thoughts, this investigation will also examine and question the multiple rights rooted in society, many of which were elevated to the category of legal assets, and their connection to the Criminal Law. Lastly, a critical examination of the Assisted Reproductive Technology‘s criminal liability will be conducted, including the perspective of various authors, many of which defend opposite views, and the consultation of a brief comparative analysis with other countries and their legislations.

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2018-07-18T10:10:38+00:00