Reprodução humana assistida e biopoder: discursos entre a biologização e a socioafetividade no direito das famílias contemporâneo

Abstract

Considering the impact of new assisted human reproductive technologies (RHA) in the field of Law of Contemporary Families, this work has as main objective to analyze to what extent access to them may consist of a factor of appreciation of biological family ties to the detriment of social-affective ties, analyzing the discursive practices and the arguments present in the debate on anonymity or knowledge of the gamete donor. The issue aroused special attention at first glance, check it a biologization the replacement of anonymity paradigm for the giver of knowledge paradigm, while it is perceived in the law a prevalence for affective relationships. We analyzed the ethical-medical regulations of the Brazil Federal Council of Medicine, especially represented by Resolution No. 2013, which provides anonymity, and the National Congress bills in Brazil, Senate Bill No. 1184, 2003, and its accompanying, having as a backdrop to discuss the changes and different conceptions of family and kinship, passing a patriarchal model closed and inbred offspring to plural models based on emotional ties. He was employed as the basis of theoretical discourse analysis, qualitative and dialectical approach on direct and indirect documentation, analyzing the legal text, debates, existing votes and opinions, with systematization of the findings. We conclude that the Brazilian political debate, even though it is inserted in the related discursive formations of the issue (science, religion, philosophy and legality), has argumentative and epistemological fragility and is permeated by subjectivism, personal interests and political partisanship, in addition to suffering strong influence media, not entering in a more objective and reasoned manner in the various implications of a paradigm or the other. The choice of the donor's knowledge seems to have biologizing character of the individual, but not the relationship between individuals. If it is true that, in contemporary times, as stated by Marilyn Strathern, the body keeps a person as particle so indivisible that makes relationships something abstract and beyond, it is consistent with international provisions that the gene is the man biologically, but not all he is. In other words, the modern knowledge of the human body and the evolution of view science in exacerbation of AHR techniques, deepened a sense of disconnection from the spirit body, and with it, the autonomy of relations between people, leading to the perception that the gamete donor is nothing more than a biological material donor and 'up strictly biological' because kinship notion is relational, made with cultural connections and individually meant, so that the genetic man unveiling offers a choice: people can establish active connections due to genetic or can precisely disconnect despite it. In Brazil, although it does not deepen these discussions in a more sophisticated way, we perceive this separation, coupled with biologizing character of the individual, with untying the relationships formed between them.