Do vosso ventre: autonomia sobre o próprio corpo e autodeterminação da gestante de substituição à luz do direito brasileiro

Abstract

The main purpose of this study is to analyze the possibilities of conciliation between the right to autonomy over one's own body and surrogacy in Brazil. It is based on the current Brazilian regulations on the phenomenon. It seeks to understand, in addition, the role played by the subjects' autonomy in such norms, as well as the effect they represent in the agency of the surrogates. In matters of research methodology, it uses documentary and bibliographic approaches. Among the theories about autonomy presented throughout the text, the substantivist and procedural feminist approaches have special relevance for this project. Finally, it is verified that, in addition to the absence of a specific law on surrogacy, the Brazilian norms about the practice adopt different philosophical references when it comes to the freedom of self-determination of the agents. As a result, it is possible to conclude that there are not enough standardization parameters when it comes to contracts regarding uterine subrogation. Likewise, judicial decisions on the subject can, based on the law chosen as motivation, arrive at quite different and even completely opposite conclusions. Thus, there is a threat to the legal security of the participants in surrogacy and to the autonomy of choice and disposition of the pregnant women's own body.