Bioética E A Necessidade De Proteção Das Futuras Gerações

Abstract

In the current time men are worried about a healthy life, in order to avoid suffering, aiming a better quality of life and longevity and, for some people, the immortality. The medical-scientific advances and the dissemination of techniques of assisted human reproduction, which allowed the manipulation of human life in the laboratory, in previously unimaginable proportions, bring to light the need to discuss limits to the use of new technologies applied to medicine. This is because genetic manipulation, in particular, can alter characteristics that are specific to the human species, taking into risk the dignity of the human being, which is the basic principle of democratic States and international norms and treaties. Hence the need to recognize the human being as a total species, regardless of the space and time in which it lives, and the protection of future generations is necessary. The dignity of the human being must be protected not only in the present time, but must be guaranteed to every human being born or unborn, that is, the present and future generations. It occurs that the current legal categories do not lend themselves to adequately protect future generations, as a way of guaranteeing their own existence. For this reason, this research is justified in order to demonstrate the need for bioethics to turn to the protection of future generations, as well as the legal system to reformulate classical concepts of private law, to ensure that protection, among them the concept of person/subject of law. Thus, the main objective of this paper is to propose the extension of the legal category “subject of rights” to include future generations and provide them with proper legal protection. To achieve this objective, the deductive methodology is used, fundamentally through the theoretical research line, through the collection of data obtained with bibliographic consultation to the sources pertinent to the theme. Finally is intended to alert the need for recognition of future generations as a subject of intergenerational rights and, as such, able of legal protection in the present, as well as legal duties of the present generations to the future generations, grounded on the principles of responsibility and precaution.