O Embrião humano como pessoa humana: o argumento ontológico como fundamento da dignidade pessoal e do direito à vida do ser humano não nascido

Abstract

The dissertation presented now aims to demonstrate the ontological argument with the aid of the Natural Law, combined with the embryo's right to life. The problem faced by this proposition is that human personality implies rights to the unborn child, which, if taken from an ontological perspective, causes a change in the way the human embryo is treated, especially in the question of the right to life. As premises to do the ontological argument analysis, the embryos biological nature is put to the test, specifying many points of its natural evolution of a monocell bean, passing thru the cell divisions and emphasizing the first three weeks as indispensable to a better understanding of the human nature. Later, the ontological argument is put into a natural law context although it is not binded to it. This concept implies in a intrinsic dignity between all humans being, no matter his color, race, social class, sex or development stage, being, therefore, versatile for adapting to any person and restrictive for not allowing subjectivities that can funnel the human right to life. Finally, it will be observed how Brazilian legislation, in general, deals with the unborn, and the repercussions caused by international decisions that somehow undermine the intrinsic personality present in all human beings. It will, at last, bound the points and arguments made across the paper in a way that focus the importance of the recognition of the human personhood to all human beings, showing, if is convenient, the possible risks witch came within the denial of the ontological dignity of the human person. It is also emphasized that the methodology used will be, mostly, bibliographic review and analysis of legislation and arguments that refer to the issue of embryonic life.