Existe um direito à não existência?

: as wrongful life actions e o Regime da Responsabilidade Civil

Abstract

The "wrongful life actions” are subject of discussion both in the doctrine and in the jurisprudence of several legal systems due to the challenges they pose to Law, in particular to the Institute of Civil Liability. Thus, this dissertation aims to analyze the (in)admissibility of these actions, as well as to overcome some of the legal objections that are raised, including the consideration of a right to not to be born. To this end, we will first of all attempt to conduct a theoretical and conceptual approach in order to distinguish and characterize the existing wrongful actions; then, we will present the evolution of the jurisprudential treatment only regarding wrongful life actions, by disclosing the most relevant court decisions; and, finally, we will analyze the (in)admissibility of the actions under study in light of the juridical regime of civil liability, concluding for its acceptance and also for the inexistence of a right not to be born.

Date of Award	4 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)