SciELO - Scientific Electronic Library Online

 issue13Ética, Direito, Economia e Mercados de Valores Mobiliários (MVM) author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand




Related links

  • Have no similar articlesSimilars in SciELO


Tékhne - Revista de Estudos Politécnicos

Print version ISSN 1645-9911


SIMOES, Fernando Dias. Vida indevida? As acções por wrongful life e a dignidade da vida humana.. Tékhne [online]. 2010, n.13, pp.187-203. ISSN 1645-9911.

In this article we analyze the problem of whether a person who considers his own life as damage may file a complaint against who allowed his birth (wrongful life). The dominant doctrine argues that the award of such compensation would recognize the person a “right not to be born”, defending that such right does not exist. However, in this type of claims life is not the damage itself, but living with disability. We sustain that wrongful life actions do not contend with the inalienability of human life, and that the respect for the dignity of human life enforces the award of compensation to ensure life with a minimum of conditions.

Keywords : wrongful life; wrongful birth; medical liability.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )