Banca de QUALIFICAÇÃO: JEISSIANY BATISTA MAIA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JEISSIANY BATISTA MAIA
DATE: 26/07/2024
TIME: 16:00
LOCAL: Ambiente virtual
TITLE:

SUBSTITUTION PREGNANCY AND THE PROBLEMATIC OF STATELESS IN THE INTER-AMERICAN HUMAN RIGHTS PROTECTION SYSTEM

KEY WORDS:

Surrogacy pregnancy; Statelessness; Human rights; Nationality.

PAGES: 97
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Assisted reproduction techniques, such as artificial insemination and in vitro fertilization, have revolutionized family formation around the world, allowing couples and individuals with conception difficulties to realize their dream of having biological children. However, this practice raises ethical and legal questions, especially in relation to surrogacy. Surrogacy, although popular among heterosexual and homosexual couples, faces a regulatory gap at an international level. This creates legal uncertainty, especially when approached at a transnational level, where legislation can vary significantly between countries. Statelessness is a critical issue associated with surrogacy, as it involves the risk of a child being born without nationality due to the lack of legal recognition of the practice associated with the different forms of attribution of nationality that each State adopts. Given this scenario, the following problem arises: does the Inter-American System for the Protection of Human Rights guarantee human rights to stateless people to the same extent that domestic law promotes guarantees against this phenomenon resulting from surrogacy? The hypothesis is based on the idea that SIPH is concerned with statelessness resulting from surrogacy and provides protection to this phenomenon, through its bodies, norms and jurisprudence. With regard to the general objective, it is intended to analyze the protection against statelessness resulting from surrogacy in the Inter-American System for the Protection of Human Rights, so the specific objectives are: to analyze the operationalization of international surrogacy and what its protection is legal in international law; understand statelessness in the international field, its regulations, implications and consequences; understand the problems of statelessness resulting from surrogacy; and analyze the phenomenon of statelessness resulting from surrogacy within the scope of the SIPDH and its perspectives for confronting and guaranteeing human rights in domestic law. As methodological resources, the nature of the research is theoretical, the hypothetical-deductive method is used, it has an exploratory objective, in the technical procedure, bibliographical and documentary research is chosen, with the study of international normative provisions and analysis of the Court's jurisprudence. HDI. The study is justified due to the global growth in transnational surrogacy, associated with the absence of international normative provisions that define specific criteria for attribution and loss of nationality, or that regulate the right to nationality in cases of surrogacy.The results point to protection against statelessness and guarantee of the right to nationality within the scope of the SIPDH, although there is no specific regulation for statelessness resulting from surrogacy, largely due to the countries' internal legislation adopting criteria and legislative solutions to guarantee the right to nationality and eradicate statelessness in its legal systems.

COMMITTEE MEMBERS:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interna - 1657901 - YARA MARIA PEREIRA GURGEL