The Unborn Child and its Personality Rights

Luis Henrique Ramos Alves, Raquel Rosan Christino Gitahy

Dignity, Entitlement, Person, Personality, Unborn child.

The objective of the present research is to analyze, from a bibliographical and documental survey, the personality rights inherent to the unborn child from the perspective of the dignity of the human person since conception. To do so, we reflect on civil personality, trying to conceptualize it and show the currents that explain the beginning of personality. After that, we explain the principle of the Dignity of the Human Person, conceptualizing it, showing its origin, its legal nature, the international scope, and exposing the dignity of the human person as a fundamental right in the Brazilian legal system, as well as its use as a basis for court decisions. Finally, we discuss the rights of personality inherent to the unborn child and the search for the dignity of the human person from conception onwards, explaining the rights that can be applied to the unborn child, such as honor, one's own body, name, image, life and food, demonstrating through the jurisprudence of the courts how the possibility of applying these rights to the unborn child has been growing, placing them as beings with rights.

Received: 07 Nov 2022, Receive in revised form: 02 Dec 2022, Accepted: 07 Dec 2022, Available online: 12 Dec 2022

10.22161/ijaers.912.4