Erro na vida?
: da admissibilidade das ações de wrongful life e wrongful birth

  • Hugo Daniel Leite Velasco (Student)

Student thesis: Master's Thesis

Abstract

This paper main theme is the discussion around wrongful actions in the portuguese legal system, more specifically the wrongful birth and wrongful life actions. These lawsuits started appearing for the first time around the 60’s but have been a major topic of discussion in the last several years, not only because of the great technological advancements that prenatal medicine has experienced, but also because of the rising concerns with the protection of patients’ rights. As it should be, this topic conflicts with various areas of human knowledge, such as Law, Ethics, Medicine and also Philosophy, but we will only be focusing on the legal implications. As such, this paper will consist in brief dive along the many jurisprudence (both national and international), in an effort to better understand how this discussion has evolved throughout time. Finally, we will try to figure if these lawsuits can be solved through our rules of civil liability and we will conclude by giving our opinion on the matter at hand.
Date of Award4 Jul 2022
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorAgostinho Guedes (Supervisor)

Keywords

  • Wrongful life
  • Wrongful birth
  • Civil liability

Designation

  • Mestrado em Direito

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