The life human being and its new paradigms: the genetic manipulation and the implications in the sphere of the civil liability

Abstract

The analysis of the civil liability front to the nowadays biotechnological innovations allows the rescue of the questioning concerning about the true function of the Rights in the society, mainly in result of the speed of information and the constants scientific inventions of the world contemporary. In this dialogue between the scientific innovations and the legal adequacy to the behaviors is inferred that the Law cannot be waiting to concrete cases prescribe the subject. In contrast, the Law must bring efficient mechanisms to secure the contractual and extracontractual relations between the involved parts, and also to the society, especially if we think about the protection of the life of the future generations. In one way or in another way, its main objective continues being the protection of the basic rights, mainly the right to the worthy life. Such task is not easy, therefore the problem found in the present subject is that neither science has answers when it is inquired about the probable consequences of the research that involves the genetic manipulation in the vegetal cells and human beings cells. Obstruct such research does not become opportune, for the reason that is the hope for the cure of illnesses and bigger quality of life. On the other hand, “to play God” is preoccupying task because the damages that it can cause in the humanity. The global legislation, in the great majority, has not presented positions favorable to the genetic manipulation of cells of embryos. The present research aims to analyze the gaps left for the Law and the situations that greater complains attention: the question of the genetic damage and its recovery, especially with the application of the objective theory of the civil liability.