Pais e filhos sob o domínio da biotecnologia: reprodução assistida e alteridade na família contemporânea

Abstract

This thesis promotes a reflection on the impacts arising from the increase of assisted human reproduction techniques in the constitution of relations between parents, mothers and children in contemporary society. Proposes a phenomenological approach to its object of study, whichis the constitution of the bond of parenting. Focused on the phenomenological method, the present thesis, confronting the social data understood as into the filiation constituted by artificial procreation, aims to confront the universal understanding of the phenomenon of fatherhood, incident on the membership currently constituted, regardless of the intervention of the reproductive technologies. The paper uses document analysis, associating the review technique of integrative literature to the legislative and jurisprudential review emanating from Brazil and Portugal on the subject of assisted human reproduction. The thesis will depart on development of its reasoning, the intellectual apprehension of the social phenomenon of artificial breeding, taking it under the light of the articulation of the concepts of medicalization of life, the desire to have children, the social logic of consumer relations and the overvaluation of individual rights. Whereas the use of reproductive assisted unites subjects in the relational experience of parenting, the work proposes submission of family ties to the paradigm of otherness, using the intellectual legacy bequeathed by Edmund Husserl, Merleau-Ponty and Emanuel Levinas. The thesis does a foray into the meaning of family experience, aiming for find the essence of family ties, so that the guidelines for the universal understanding of such a phenomenon may be offered. Two concepts are articulated fundamental to the understanding of family life, which are the otherness and the familiar bond. The thesis makes a foray into the legal framework of artificial procreation by legal, administrative and jurisprudential norms operative in Brazil and Portugal. In the light of such regulation, the thesis points to the paradox that exists between regulations, intended to be given to the subject of artificial procreation and the today's conjuncture of the legal phenomenon, based on the premises outlined by the philosophy of alterity. The thesis shows that the management of humans assisted reproduction techniques today are the translation of a misunderstanding, currently in force, regarding the relations of alterity in which the ties of parenting, the first and most special stronghold responsible for providing constitution ethics of the person, subject of life in society.