The Biopolitical Inscription on Infertile and/or Sterile Bodies in Assisted Human Reproduction

Abstract

The article consists of examining the spaces of exception that permeate the national political and legal context, focusing on the dichotomy between democracy and authoritarianism, manifested in the attempt to exercise control over infertile and/or sterile bodies. In the first section, the theoretical basis is established based on international conventions that address human rights, with an emphasis on the right to health, seeking to highlight how health is recognized as a human, fundamental and social right. The second section investigates the incidence of infertility and sterility in the bodies of those seeking conception, in addition to highlighting relevant aspects of assisted reproduction techniques. Finally, the research contextualizes the spaces of exception originating from the Sovereign Power, which acts directly in the national political scenario, striving to maintain control over bodies that do not naturally generate offspring. This aims to highlight how the State provides access to assisted reproduction techniques free of charge. To this end, the theoretical method was used, based on a bibliographical review of works, journal articles, electronic documents and applicable legislation. As a result, it was found that the right to procreation is fundamental, governed by the principle of free family planning and responsible parenting. This right must be guaranteed equitably by the State to all citizens, in order to avoid the control of the Sovereign Power over the bodies of those unable to conceive naturally.