Abstract
Objective: To approach the problem of the personhood of the unborn and it’s acknowledgement as a human person considering, among other things, biological and philosophical data about the unborn. Hein pretends to make a brief engage on the Federal Constitution of Brazil of 1988, e the Civil Code of Brazil, trying to push forward the condition of the unborn inside these legal texts. Therefore, it is make a brief comment about the legal topics, which bring up the consequences of the acceptation of this status of ontological personhood for the Law. Literature review: Going from pre-established data, like codes and set of law, an interdisciplinary research of the philosophical, biological and bioethical premises about the nature of the human embryo and the logical consequences for the acceptation or not for the unborn as human person, will be done. Final considerations: When the biological, philosophical, bioethical, and legal issues are considered, the embryo is a human person that holds dignity equal as any other member of the same species, regardless of his stage of development, maturation. And the law, generally, must protect its moral and physical integrity, and its rights.