Autonomy in the post mortem organ donation in Brazil

Abstract

Since 1964, the year of the first Brazilian law on organ donation, many advances have been made by Medicine, which have provided a qualitative and quantitative extension of human life, and the improvement of transplantation techniques. The present study aimed to analyze the Brazilian legislation in order to verify the supremacy of the patient’s consent regarding the post-mortem donation of organs. From a review of the literature and of the legal and ethical standards referring to the authorization for organ transplants in Brazil, it was observed that, even after the amendment of Law 9.434/1997, it is necessary to adapt the legislation in force to the constitutional principles and the rules of the Brazilian civil law. Thus, it is concluded that there is a need to update the Transplantation Law, including in its text the prevalence of the donor’s will, even in the face of refusal by their relatives.