Excedentary human embryos or "created" from stem cells in Portugal and Brazil: the social relevance of legislating

Abstract

The evolution of human procreation techniques has raised a series of questions to be considered and defined by standards attentive to the principles of Bioethics. In Portugal and Brazil, the treatment given to surplus embryos, whether in terms of disposal or use for scientific purposes, has different directions. However, in Brazil, with the exception of the Biosafety Law of 2005 and the resolutions of the Federal Council of Medicine since 1992, there is still no standard to cover more complex cases, although there is a legislative project to amend the Civil Code that could fill this gap, even than in part. In Portugal, Law No. 32/2006 tries to adjust to the constant changes occurring around Medically Assisted Procreation, including expanding the number of beneficiaries since 2016. This article, based on a bibliographic and documentary review, seeks to show ethical concern in the treatment of the genetic material, in view of the standards that exist or will come, on the subject, especially with regard to personality rights and the principle of human dignity. In addition, there will be a report from 2023, in which scientists announced embryos “created” from stem cells, or “synthetic embryos”. This reality may refer to a future in which people generated by PMA may be completely disconnected from their biological truth. This fact is increasingly plausible, in an era characterized by technological escalation, the increased use of Artificial Intelligence and, reflexively, the development of Digital Law that is linked to this.