IN VITRO FERTILIZATION, THROUGH THE SINGLE HEALTH SYSTEM, TO AVOID TRANSMISSION OF HEREDITARY DISEASES:

Study of the Unified Health System (SUS) and the decision of the Court of Justice of Santa Catarina. Appeal/Reexamination Required No. 0869702-34.2013

Abstract

This work deals with the selection of genes to prevent the transmission of inherited diseases, studying the Unified Health System and the decision of the Court of Justice of Santa Catarina n. 0869702-34.2013.8.24.0023. The objective of this work is to analyze the norms related to the guarantee of the use of the treatment of the selection of genes, in the Unified Health System, and in some judicial decisions, with emphasis in the decision of the Court of Santa Catarina. The methodology used to demonstrate the guarantee of the use of in vitro fertilization, by the Unified Health System, to prevent the transmission of inherited diseases is a study of the SUS Ordinances and a case study of the decision of the Court of Santa Catarina, in which information on the principles of bioethics and bio-law and legal aspects of the embryo in Brazilian law are treated. In addition, the history and constitutionality of in vitro fertilization and selection of genes in Brazil will be presented, starting with Ordinance 426 /GM in 2005. The motivation of this proposal is to verify how in vitro fertilization, with the objective of preventing the transmission of inherited diseases, is guaranteed in the Unified Health System and in judicial decisions. Finally, it is concluded that the Brazilian rules and decisions are aimed at guaranteeing broader access to in vitro fertilization, in the Unified Health System, to prevent the transmission of inherited diseases.