Bioethics, Biolaw, (Bio)constitutional Interpretation and Biopatents Under the Light of Brazilian Law
Myszczuk, Ana Paula
de Meirelles, Jussara Maria Leal
Revista de derecho y genoma humano = Law and the human genome review / Cátedra de Derecho y Genoma Humano/Fundación BBV-Diputación Foral de Bizkaia 2010 Jul-Dec(33): 65-91
The article briefly analyzes the concepts of Bioethics, Biolaw, the Bio-Constitution and the Biopatent. In order to do so, we will check some principles of Bioethics, the newly added term Biolaw, and the concept of the Bio-Constitution or Constitutional Biolaw, all used as means to solve conflicts of bio-juridical norms. Besides it formulates some questions about biopatents. It is here understood that the 1988 Brazilian Federal Constitution chose the human dignity principle as the core to be used in any Biomedicine-related matter and this Law acts to bring some tools into a bio-constitutional interpretation. Among those tools are fundamental rights and the protection of the environment. Some juridical limits to the private appropriation of the human genome, via patenting, are examined. The article considers the requirements imposed by the Law Act no 9279/96 (novelty, invention and industrial use), as well as some Brazilian constitutional dispositions concerning biopatents. In the conclusion, we argue that Bioethics and Biolaw principles are valuable instruments to support juridical decisions and to guide the establishment of possible limits on the use and/or development of the Biomedicine. Consequently when interpreting a concrete case, besides having a multidisciplinary analysis, we have refreshed classic juridical concepts. This is achieved by rethinking juridical fundamentals and opening up the space for the conceptualization of a Bio-Constitution interpretation.
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