O status jurídico do embrião: estudo acerca da situação jurídica do embrião humano à luz do julgamento da ADIN 3.510

Abstract

Brazil, upon entering the Genomic Era, began to utilize concepts such as cloning, genetically modified organisms, DNA sequencing, and the use of stem cells. The Biosafety Law (Law 11.105/2005) is the main legislative framework regarding bio-law in the country, regulating activities involving genetically modified organisms and research with embryonic stem cells. Although the Law allows the use of embryonic stem cells for research, part of the doctrine considers this measure unconstitutional as it affronts human life. The Supreme Court, in the judgment of ADIN 3.510, ruled on the constitutionality of the Biosafety Law by allowing the use of embryonic stem cells for therapeutic purposes based on the right to scientific freedom of expression. In this context, the following question arises: ultimately, what is the legal status of the human embryo in the Brazilian legal system? Based on a literature review and case study regarding the judgment of ADIN 3.510/DF, using a deductive method with both descriptive and exploratory analysis of the topic addressed, it was concluded that it is difficult to consider that the legal status of the embryo is defined by pure conceptionism; it should adopt a status equivalent to that of a fetus for the embryo in utero, and a status of virtual person or depersonalized entity for the pre-implanted embryo