The implementation of family planning through assisted human reproduction and public access policies

Abstract

Family planning occupies a central position within the Brazilian legal system as a fundamental right linked to human dignity, reproductive autonomy, equality, and responsible parenthood. Scientific and technological advances in the field of assisted human reproduction have expanded the scope of reproductive rights, incorporating the right to conception. In this context, the study analyzes the incorporation of assisted human reproduction as an instrument for the realization of family planning and as a public health policy, as well as the limits of state responsibility. The research is guided by the following question: are the current regulatory framework and existing public policies in Brazil sufficient to ensure the effective implementation of the right to family planning through assisted human reproduction? The findings indicate that the incorporation of these technologies into the legal system and public policies occurs in a fragmented manner, marked by the absence of specific legislation and the predominance of infra-legal norms, especially Resolutions of the Federal Council of Medicine. Furthermore, the existing public policies have proven incapable of ensuring equitable and territorially decentralized access, contributing to the commodification of reproductive techniques. Therefore, there is a pressing need to strengthen state action in order to ensure that reproductive autonomy translates into a genuine possibility of choice, in accordance with constitutional principles.