Scientia Iuris (Jul 2018)

Contemporary paradigm and biojuridical legal transactions: embryonic selection

  • Juliana Carvalho Pavão,
  • Rita de Cássia Resquetti Tarifa Espolador

DOI
https://doi.org/10.5433/2178-8189.2018v22n2p244
Journal volume & issue
Vol. 22, no. 2
pp. 244 – 271

Abstract

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Legal transactions have undergone several transformations over time. Until recent history, contractual agreements revolved around the topic of property rights. However, in our current era, technologies are rapidly evolving allowing social relations to expand, and consequentially existential issues are emerging beyond property rights. In this context, the rising modern legal transactions that have as its object humans are also increasing the number of “biojuridic businesses”. A few known legal scholars are tackling this relatively new phenomenon, but the legal world has yet noticed and debated this issue. Therefore, this paper examines the possibility of the following new category of legal transactions: "biojuridic business", as a private act, questioning the usefulness of this categorization. In addition, new medical techniques, which is embryonic selection, are questioned in order to illustrate the problematic of this study. Therefore, this work uses the deductive method, initiating the debate in the genre of legal transactions, basing itself on relevant national and international key-authors on the subject matter.

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