O dom do corpo: aspecto legais da doação de órgãos no Brasil.

Abstract

The present work is built from the scientific initiation research developed at Fundação Joaquim Nabuco (PIBIC/FUNDAJ/CNPq) between 2019 and 2020 and aims to analyze how organ donation and transplantation are understood in Brazilian legislation from propositions available on the website of the Chamber of Deputies, the Brazilian Federal Senate and the Federal Supreme Court. The study was carried out based on a bibliographic survey on the sociology of the body, especially with regard to organ donation and transplantation in Brazil, an online database was also set up containing Theses, Dissertations, Articles, Books, News/and Bills on organ donation and transplantation. One hundred and two bills were gathered and analyzed, available on the website of the Chamber of Deputies and the Brazilian Federal Senate, from a historical period ranging from 1982 to the first half of 2020, of which three were listed to be addressed in this article. In order to analyze the chosen PLs, following a sociological approach, we used as theoretical support texts by the authors: David Le Breton (2012), Alexandre Zarias (2019), Philipe Steiner (2004) and Jandir Pauli (2019). Informative texts available on the websites of government agencies, as well as the Ministry of Health and the Health Department of Rio Grande do Sul, were also used. The bills selected for analysis in this work were PL 727/2019, 729/2019, and PL 137/2020, of which the first two provide for compulsory organ donation and the last proposes a change in art. 4 of Law 9,434 of February 4, 1997, which currently regulates organ donation and transplantation in Brazil, so that the possibility of family interference is vetoed when the deceased has determined in writing express authorization for the removal of their organs for purposes of transplantation and post-mortem therapies.