Banca de DEFESA: DÉBORA MEDEIROS TEIXEIRA DE ARAÚJO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : DÉBORA MEDEIROS TEIXEIRA DE ARAÚJO
DATA : 12/08/2019
HORA: 15:00
LOCAL: UFRN - NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE INTERNATIONAL CONTRACT OF SURROGACY AND ITS EFFECTIVENESS IN BRAZIL

PALAVRAS-CHAVES:

Surrogacy. International contract. Parental-filial bond. Contract enforceability.

PÁGINAS: 123
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Internacional Público
RESUMO:

Surrogacy, also known as "temporary transfer of the uterus", "surrogate motherhood" and "gestation by substitution", is the medically assisted reproduction technique used when the author(s) of the parental project, for the woman being unable (or not wanting) to carry the pregnancy to term, resorts to an able and willing woman to gestate the intended child, without implying in the motherhood of that individual generated. For its feasibility, an agreement is entered between the participants, where the obligations and guarantees pertinent to the procedure must be established. Indeed, Brazilian positive law is silent on artificial human reproduction, which creates legal insecurity for those who see in surrogacy the only possible way to accomplish the dream of parenthood. For this reason, it is considered the development of transnational private relations, increasingly common to seek the implementation of this technique in countries whose legislation allows it. However, such conjuncture provides the emergence of new juridical uncertainties, especially in regards to the effectiveness of this international contract, since, even attested to the validity of the agreement concluded in accordance with the applicable legislation, the surrogacy contract is intended to have effects in the authors’ jurisdiction of origin. The main goal of this study is to analyze the effectiveness of the international contract of surrogacy in Brazil under two aspects: the recognition of the parental-filial bond between the child and the authors of the parental project; and the viability of the agreement’s implementation on the occasion of its non-compliance. Therefore, starting from an affirmative hypothesis, a hypothetical-deductive study is undertaken, based on international conventions, national and foreign laws, jurisprudence and doctrines. In fact, the intention is to understand the nuances of this reproductive technique and how the country laws receive it, considering also the relevant fundamental rights to the case. Likewise, it seeks to delimit in what terms the international contract is taken as valid and effective in Brazil. Finally, it is necessary to consider the feasibility of recognizing the parental bond originating from this legal transaction and the enforceability of non-complied agreements. Ultimately, it is concluded that the Brazilian law recognizes the parental-filial bond originated from valid international contracts of surrogacy, taking into account, mainly, the commitment to promote the best interest of the child involved. In addition, it affirms a legal transaction directly or indirectly executable in Brazil, with focus on the jurisprudence of the Brazilian superior courts, which demonstrates greater respectability and commitment of the country to favor legal cooperation between the States and the development of the transnational market.

MEMBROS DA BANCA:
Externa à Instituição - FERNANDA TARTUCE SILVA
Presidente - 1693362 - ANA BEATRIZ FERREIRA REBELLO
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Externo à Instituição - ANTENOR PEREIRA MADRUGA FILHO