Brevi note sullo statuto giuridico del materiale biologico umano

The paper investigates the legal status of human biological materials, in the light of the latest and increasing chances of transformation provided by biomedical sciences and technology. The analysis of the dogmatic and normative condition of the parts detached from the body is carried out, comparing two different legal models. First, particular attention is paid to therapeutic organ donation, which has a central role within the actions related to the human body; its study allows to display the peculiarities of what has been defined as the “personal model”, mainly based on rules of constitutional and supranational relevance. Secondly, the work focuses on the problem of holding, stocking and spread of biological samples and their related data in the context of genetic research. This question is faced together with the operation and legal regulation of the “bio-banks”. Such a scope of study, characterized by significant normative gaps and articulated conflicts of interest, shows how the jurist should consider new and wider normative and dogmatic solutions. From this point of view, the model of the so-called “commons” is suggested.