Donation of Post mortem organs versus necessary family authorization

a reading of personality rights

Abstract

The possibility of donating organs after death, for use in transplants, is an allowed and regulated act in the country; however, the current transplantation law, when requiring family consent, for the removal of organs, even with a valid demonstration, in life, of the possible donor, is the reason for legislative and doctrinal divergences. The present academic work was built, based on the bibliographic examination, concerning doctrine, legislation, jurisprudence and scientific articles; and has a deductive approach as methodology. Its objective is to verify whether the current legislation, which privileges the will of the family, in transplants after death, to the detriment of the expression in life, for the deceased, affronts the autonomy of the individual and the possibility of self-determination of his own body after death. Personality rights were analyzed, mainly the autonomy of the will and the possibility of having one's own body after death; the current law, and the revoked ones, which regulate organ transplants in the country; criticism of the current legislation on the subject, and the bill that aims to remove the need for family authorization for post-mortem transplants. For most of the sources consulted, the current legislative wording violates the autonomy of the possible donor, and its alteration, in order to safeguard the desire manifested in life, combined with the existence of an effective way of expressing will and public policies to encourage enlightened donations, in addition to respecting the rights of the dead, would increase the number of transplants in the country.