Beginning of personality, unborn and rights arising in brazilian legislation

Abstract

Over the years, laws involving the rights of the unborn child have been discussed and interpreted. The legal personality of natural persons in Brazil has been addressed in an attempt to identify when it begins, whether or not the unborn child's rights are guaranteed, as well as its effects on our legal system. This research aims to analyze the practical application of the doctrine regarding the beginning of life in the present day, identify, through a historical and bibliographical survey, the concept of the beginning of human personality, identify Brazilian doctrines and laws that govern its guarantees, and answers regarding legal personality and the rights of the unborn child within the technical legal system, identify how the rights of the unborn child are defended in court, raise contradictions regarding recurring rights, through bibliographical research. The conclusion that is expected to be reached on the subject in view of the opinions and experiences to be collected will be that, even with the change in our Civil Code in the articles where it mentioned every “man” and now every “person”, there are still many conflicts regarding the concept of the beginning of life. We cannot deny technological and medical advances, which today allow access to the being that is being generated in the mother's womb before birth. And so, being able to verify the existence of life before birth, something that, at the time of the creation of the Civil Code 1916, would have been unfeasible, thus leading to the monitoring of the legal system on the advancement of society.