Bioética, direito e disposições de última vontade: a questão da doação de órgãos após a morte

Abstract

The present work deals with the topic of bioethics, biolaw and dispositions of last will, more specifically regarding organ donation after death. In this context, questions regarding the matters of issues related to the principles of bioethics, biolaw, rights of personality, the living will and the organ donation procedure in Brazil will be addressed, paying attention to the realization of the autonomy of the volition of the potential organ donor in the national legislation. The difficulties in relation to the matter reside in who must give consent for the transplant, in view, also, of the extensive waiting list of recipients who need organs. In doctrine and in Bills of Law, it is discussed that the holder of the right to dispose of his own body with altruistic reasons is the one who should choose whether to be a donor or not, and the family must decide only if the deceased has not left advance directives in this regard. The methodology used consists of pure research, with a qualitative and quantitative approach, deductive and historical-comparative method, exploratory objective, purpose of formative evaluation, and use of bibliographic and documentary sources. It is concluded that the transplant legislation needs to be changed to harmonize its provisions with the Federal Constitution, the Civil Code and the bioethical principles, in order to ensure that the potential donor has their manifestation of will regarding the destination of their organs post mortem respected by the family and medical staff, just as it is necessary that the use of the living will as an instrument of advance directives of will be regulated in Brazil.