Abstract
This study intends to analyze the protection of the unborn child rights, specially in relation to the off-balance sheet that it may suffer, studying their perspective on Brazilian Civil and Constitutional Law. With the aim to demonstrate that the unborn child deserves their rights from the moment of conception, four theories about the beginning of the legal personality will be examined, making a comparative with the dictates of the Federal Constitution, considering the principle of human dignity as the main foundation for the achievement of the rights of the unborn child. Seeking a practical application, several doctrines, legislation and case law will be studied thoroughly, reaching the principal conclusion that the civil liability set to repair off-balance sheet to the unborn child, is one of the ways to materialize his tutelage, protecting every human being in any level of development they are. Using the general deductive method for the cases in study.
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