Embryonic Stem Cell Research in the Light of Brazilian Law: An Issue to Be Faced

Abstract

The main objective of this article is to analyze the right to conduct research with embryonic stem cells (ESCs) in Brazil; analyze the veracity of the hypothesis by which it is argued that any type of regulation that implies some limitation to the right to carry out research on ESCs would be an affront to the principle of prohibition of retrogression and, therefore, unconstitutional, even if this regulation took place through a Constitutional Law. To verify this hypothesis, it is necessary to investigate the existence of bills that restrict research with ESCs, analyze their content and processing; explain the concepts of stem cell, ESCs, in vitro fertilization (IVF), assisted human reproduction (AHR) and other important technical terms for the subject, in addition to demonstrating the normative regulation on ESCs. Also, to bring a foreshortening of the legal context with jurisprudence, doctrines and sources of statistical research on the subject. In the verification analysis, it is proposed to use the theory of dynamogenesis of human rights because it is understood that it would be more appropriate to explain the application of the principle of non-retrogression in the field of ESCs. A deductive methodology is employed by the use of a hypothesis formulated a priori, which will have its validity tested by the development of bibliographic research, with primary and secondary sources, legislative and jurisprudential investigation. It is interdisciplinary research, between law and reproductive medicine, developed on a scientific basis from internationally unblemished sources.