O direito ao livre planejamento familiar de mulheres lésbicas: óbices jurídicos frente a violação do sigilo nas técnicas de inseminação artificial heteróloga

Abstract

This study aims to analyze how the Brazilian legal system deals with possible interference with homoparental projects of lesbian women, who use heterologous artificial insemination techniques to have children. The general objective is to verify whether Brazilian law is in a position to guarantee the full exercise of the free family planning of lesbian double motherhood, as well as analyzing the violation of confidentiality in reproductive techniques and its field of interference in the parental project of these homoaffective couples. This is a qualitative research, due to the studies of indirect data obtained through doctrines, jurisprudences, legislation and resolutions related to the subject. It was concluded that the current normative scenario is scarce and promotes unequal treatment in relation to the rights of homoparental families formed by lesbian women, mainly in relation to the developments of the use of Artificial Insemination. It seeks to promote new research and the creation of norms on the treatment of the theme in the country, as a way of implementing the principles of equality and dignity of the human person.