Thabatta Janez de Freitas

Assisted human reproduction Thabatta Janez de Freitas

The present work aims to analyze whether or not Assisted Reproduction is a fundamental right even if it is not expressly found. The problem developed analyses if the right to reproductive health is implicit in the concept of fundamental right to health, foreseen in the Federal Constitution. The analysis of these methods by the right to reproductive health is based on the analysis of whether it is implicit in the concept of the fundamental right to health and, if so, how it should be guaranteed by the State. Due to the absence of legislation that regulates the matter, the issues related to the obligation of the State to provide means for the concrutation of such rights, end up suffering the phenomenon of judicialization. Through the inductive method, this research presents the main jurisprudential trends regarding the (im)possibility of procedures related to human reproduction to be financed by the State.