A autorização legal das pesquisas com células-tronco de embriões humanos

Abstract

This study has its origin in a concrete case taken to Brazilian Justice - the Direct Challenge of Unconstitutionality of legal authorization of researches with stem cells from human embryos (SChe), which object was focused in the issue of the basic rights collision that involve the subject. No basic right is endowed with absolute power, in a way that one cannot overcome the other. And it is from facing real situations that arises the need to mediating a peaceful solution so that the collision of basic rights doesn’t confront the constitutional order. The discussion about the research with stem cells from human embryo had a huge repercussion in all the sectors of Brazilian society, because it was about themes that involve ethical, moral, philosophical and religious matters, beyond the legal issues that have their legal base of all the discussion in the basic rights of the inviolability of the right to live and human dignity. In the case of researches with SChe, it becomes clear the implicit application of the principle of proportionality through the concrete examination of law´s constitutionality, solving the collision of basic rights borned from the litigation. After all, the principle of proportionality arises as an important tool for protection of basic rights considering that it based on itself becomes possible to accomplish the law control of constitutionality and of acts resulting from the exercise of the typical functions of the Rule of Law.