Da admissibilidade das ações de wrongful life no direito português

: direito à vida e regime da responsabilidade civil

Abstract

With this dissertation, we proceeded to the study and analysis of Wrongful Life Actions, since we did not find in the doctrine, as well as in the jurisprudence, unshakable and consolidated understandings. In these actions, in which there was a medical error, a disabled child is born without this condition having been foreseen. Does the child have a right to compensation? Is life itself considered damage? It is around these questions that the dissertation will develop through a qualitative approach, seeking initially to distinguish the different Wrongful Actions. The study will then proceed to analyse the jurisprudence of the various legal systems to find a standard line of thought. Finally, we analyse this type of action integrated into the civil liability regime. The study concludes in a favourable sense to the viability of unlawful life actions and consequent compensation to children, stressing that their admissibility does not conflict with the right to life. One of the possible limitations to be pointed out to the study results from the non-analysis of all the juridical decisions concerning the theme under development. However, cases from different legal systems were selected to offer a robust and open framework for discussion. We close with an indication of future avenues to explore in the context of unlawful life actions, with emphasis on a possible framework within the civil liability regime.

Date of Award	11 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)