O biodireito através do prisma do princípio da dignidade da pessoa humana e dos direitos fundamentais

Abstract

In the face of new and great transformations in the area of biotechnology, the human being begins to concern itself with some issues such as the beginning and end of life through a new perspective - that of bioethics, which deals not only about the conflicts from doctor and patient relationship, but also about the environmental issues linked to the survival of humanity. Therefore, the health researchers are oriented by the principles of autonomy, beneficence, non-maleficence and justice, which govern and direct the bioethic’s studies. Already, the law, seeking to rule these conducts that are showing up in the daily life, not only of scientific and academic environment, but of ordinary people, also develops a new branch, called biolaw. The dignity of the human person and the other fundamental rights radiate out about these new issues of bioethics and biolaw, suscitantes of unprecedented and instigating dilemmas involving the right to life. It is essential to appeal to the principle or maximum of proportionality as a parameter of action of constitutionality control for the resolution of conflicts, arising from scientific advances, to seek to harmonise the right to life and other fundamental rights.