Artificial Intelligence and Medically Assisted Procreation: an Analysis of Preimplantation Genetic Testing (PGT) in the Light of Brazilian Criminal Law

Abstract

The aim of the present investigation is to analyze the legal limits of preimplantation genetic testing - PGT and their possible criminal implications under Brazilian criminal law. To this end, we will initially address the particularities of these procedures and how artificial intelligence has been applied in order to improve them. Subsequently, we will analyze the legal regime of PGT in Brazil, investigating the requirements and limits imposed by Brazilian legislation on these techniques. At the end of the investigation, we will demonstrate the existence of an undeniable responsibility gap in when it comes to disregarding rules on medically assisted reproduction. However, there may be liability for the disposal of surplus embryos without the parents’ consent.