Fundamental rights and genetic research in humans: the sharing of benefits while an instrument of justice

Financier: Universidade do Vale do Rio dos Sinos - UNISINOS
Duration: January 2011 to January 2012
Coordinator: Prof.. Dra. Taysa Schiocchet
Members: Marlo Rambo

This research project seeks to address the legal and bioethical aspects of biotechnological intervention processes on human life, especially those linked to genetic research in humans and the consequent realization of fundamental rights, both individual and collective perspective. The study comprises the legal consequences of genetic research in humans pit i) the clinical experiments and ii) possible advances in health terms (for example, new methods or diagnostic or therapeutic drugs) and iii) to risks (in terms of genetic discrimination) and iv) the constitutional imperatives of justice in spite of the preponderance of capitalist logic in the distribution of advances and benefits from the research. In this sense, this research aims to identify and analyze the regulatory framework for genetic research in humans, in order to discuss the legal and philosophical arguments, based on the theories of fundamental rights and justice (compensatory, distributive, social). The approach will observe the priority of the Graduate Program in Law Research Line, dedicated to the realization of fundamental rights and, in this context, the deepening of scientific knowledge that can restore health and quality of life of individuals in the era post genomics. It is believed that this issue is part of the institutional proposals for direct concern for the dignity of the human person, which involves the protection of life of Brazilian citizens, with a view not only individual but also collective and intergenerational.