Transplante de órgãos de anencéfalos: uma análise civil constitucional sob o prisma dos direitos da personalidade

Abstract

This scientific article aims to conduct an analysis about the need to create a supplementary law under the Law of Organ and Tissue Transplantation No. 9434 of 1997, and a protocol for organ transplantation of anencephalic. To this end, a non-experimental bibliographical and documental research will be used, of qualitative and quantitative character, under the sieve of the hypothetical-deductive and comparative method. Given the current lack of diffusion of the brain death protocol process, organ donation, in this case, also becomes a little discussed, studied and deepened theme in the legal and social fields. Based on these findings, the organ harvesting protocol at a national level is investigated, paying attention to the creation of donation laws that aim to avoid the impacts caused, today, in society. In addition, the demand for waiting for organ recipients will be addressed, as well as the mortality rate in the age group of 6 days and 7 to 28 days of life. The background for all this will be the rights of the personality, focusing on issues related to the beginning of life and death in the field of Law, as well as its limits, technological advances and the knowledge that medicine provides for this procedure, in order for it to be effective and respectful to all involved.