Genetic manipulation and fundamental rights: the limits of scientific freedom in the face of CRISPR

Abstract

This research analyzes the CRISPR-Cas9 genome editing technology and its implications for the legal system and bioethics, from the perspective of fundamental rights. The central objective is to investigate the limits of scientific freedom in the face of the protection of human dignity, seeking to identify which legal mechanisms are capable of ensuring biotechnological development in an ethical, safe, and responsible manner. Methodologically, the hypothetical-deductive method is adopted, with a qualitative approach, through bibliographic review, document analysis, and jurisprudential examination, with emphasis on Direct Action of Unconstitutionality No. 3.510 of the Supreme Federal Court. It begins with a historical overview of genetics, from the Human Genome Project to an understanding of the functioning of the CRISPR-Cas9 technique as an instrument for precise editing of genetic material. In this development section, the distinction between gene editing in somatic cells, widely accepted for therapeutic purposes, and germline gene editing, whose hereditary effects raise significant ethical risks, such as the possibility of eugenic practices and the exacerbation of genetic inequalities, is discussed. The case of the Chinese scientist He Jiankui is also analyzed as a paradigm of the weaknesses in international scientific governance. In the Brazilian context, the Biosafety Law (Law No. 11.105/2005) and the General Data Protection Law (Law No. 13.709/2018) are examined, highlighting normative gaps regarding gene editing in humans and protection against genetic discrimination. It is concluded that, although the prohibition of germline editing partially fulfills the precautionary principle, the Brazilian legal system lacks more specific and balanced regulations capable of reconciling the protection of fundamental rights with the encouragement of responsible scientific research, especially regarding the prevention of hereditary diseases, without compromising human dignity and the safety of future generations.