Fundamental right to freedom of genetic research and the protection of personal data: the principles of prevention and precaution to guarantee the right to privacy

Abstract

This article reviews fundamental rights of freedom of research and protection of personal data in the field of human genetics, it proposes the application of the precautionary principle of prevention. Evaluates the Brazilian legislation on the subject matter of research as to guarantee privacy measure of personal data and information collected in scientific research, a situation that worsens in the middle in digital and virtual world because it is a space virtually rapid development. Focuses on the limitation of fundamental rights, based on the conception that are not absolute. It proposes the principles of precaution and prevention among virtual environment. The deductive and dialectical methods are adopted, having premised most fundamental rights related and under Brazilian law; the dialectical method was used because the issue is the subject of constant debate is necessary confrontation of doctrinal currents and the Brazilian legislation.