Doação e transplante de órgãos post mortem: um estado da aplicação do princípio da autonomia da vontade do doador.

Abstract

With the improvement of surgical techniques for medicine in recent times, and with progress in Pharmacotherapy, the transplantation of organs and tissues has turned into an effective possibility for the expansion and improvement of human life. This monographic study was performed with the scope to provide a clear and concise learning about donation and transplantation of organs post mortem in Brazil and your relationship with the principle of autonomy of the will of the donor. The issue of this paper is to clarify the principle of autonomy of the will is a little honored in the event of a conflict between the will and the will of the donor's family in post-mortem donation. Therefore, the study aims to analyze the consent for removal of organs and tissues post mortem for donation and transplantation on brazilian legislation, in the light of the principle of autonomy of the will and permission of the family. The same deal the fundamental concepts, the history of transplants of organs and tissues, as well as on the preceding legislation law No. 9,434/1997, as well as the relevant changes suffered by same. Then it will be discussed the concepts of bioethics and Biolaw and its basic principles, and will be treated the antinomy between the current Transplant Law and the Civil Code of 2002 regarding the autonomy of the will of the donor. For the preparation of this study used the deductive methods and history. The procedure already used the literature search and analysis of books, magazines and published scientific articles on the subject approach. In this way, it will be demonstrated that in the vast majority of cases where the conflict of interest, the potential donor and your family, the autonomy of the will of the donor does not receive due respect.