A RESPONSABILIDADE CIVIL DA GESTANTE POR DANOS À INTEGRIDADE FÍSICA DO NASCITURO EM CASO DE ABUSO DE ÁLCOOL

Abstract

The purpose of this article is to analyze the civil liability of pregnant women in cases of damage to the physical integrity of the unborn child due to alcohol abuse. In view of this, a deductive method bibliographical research was carried out in order to ascertain the legal nature of the unborn child, considering from the perspective of the conceptualist theory – whose assumptions are close to the ideals of a Democratic State of Law, which values human dignity – to the biological and embryonic aspects that permeate the gestational period. In addition, it seeks to examine the consequences that the use of licit drugs by pregnant women, especially alcohol, have on the unborn child, both in intrauterine life and in development after its eventual birth. Thus, in view of this conception, it can be seen that the issue remains controversial in the Brazilian legal system, which highlights the relevance of the discussion, since the agenda covers a public health problem observed in the daily life of the population and brings various harms to an individual seen, legally, as a vulnerable being.