From the oldest cultural records of mankind, the suffering condition of people who dream of paternity, but don’t reach it. Only by restricting ourselves to the Bible, we can mention the episodes involving Sarah and Abraham, Rebecca and Isaac, Rachel and Jacob, Ana and Elcana, Elizabeth and Zacharias, among so many stories told that, by an act of divine grace, they achieved the gift of to be father and mother.
In other polytheistic religious manifestations, the Fertility It is represented in the form of goddesses who were worshiped with cults and representations: Freia, Isis, Juno, Hera, Fecundias, Jaci …
In recent decades, the dream of parenthood has been shared with expectations not only by the various manifestations of spirituality, but especially by the Sciences, which developed and made it possible for people with natural difficulties to have and hug their children.
Like all scientific knowledge, also the techniques of Assisted reproduction They need ethical regulation, which is done in Brazil through the Federal Council of Medicine (CFM). At the end of May this year, the CFM issued a new resolution to this effect, Res. 2,294 / 2021.
Advancing in various aspects, such as the inclusion of all forms of familyUnfortunately, the resolution falls back on a very sensitive point: the increased risk of failure and the costs of procedures.
If the previous resolution did not limit the number of embryos that could occur is now limited to just eight, which in many cases may mean having only one or two viable implants, forcing new stages fertilization. And the foundation is curious: there is none.
In consultation with the MFC Transparency Portal, it was found that the initial proposal had no such limitation. It was included by the board without any scientific basis to justify the restriction to society.
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Continuous act, bill 1.1184 / 2003, archived until then, began to be enlivened by some parliamentarians, providing for the limitation of the fertilization of only two eggs, as well as the prohibition of embryo biopsy – important procedure for the early diagnosis of changes that may lead to treatment failure.
Such restrictions increases the costs treatment totals (including THEIR) and further reduce the chances of success of assisted human reproduction techniques in Brazil. And here is the question we must answer: is such a restriction constitutional?
The Federal Constitution advanced the matter by establishing, in Article 226, § 7, that the Family planning It is a free decision of the couple, being the State the one that must provide the educational and scientific resources for the exercise of this right. If an autarky that has constitutional powers of inspection and standardization of medical practice does not provide adequate access to therapy, which increases the risk of failure, as well as the costs of procedures, it is being unconstitutional.
Therefore, it is necessary to review the new resolution to restore the effectiveness of the right to family planning in the country.
* Henderson Fürst is president of the Special Committee on Bioethics of the Brazilian Bar Association
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