Da esperança aos dilemas: doação e comércio de órgãos humanos

• Ano de defesa: 2006
• Autor(a) principal: Ávila, Gustavo Noronha de
• Orientador(a): Gauer, Gabriel José Chittó
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: TRANSPLANTE DE ÓRGÃOS - BIOÉTICA; ÓRGAOS HUMANOS - COMERCIALIZAÇÃO; DOAÇÃO DE ÓRGÃOS; BIOÉTICA; DIGNIDADE HUMANA; DIREITO PENAL
• Link de acesso: http://hdl.handle.net/10923/1826

This dissertation aimed to approach the procedings of human organ transplantation, specifically its treatment in a legal framework, incluiding criminal repercussions, related to the human organ commerce in Brazil and in the comparative Law. Such objective was developed through an imminently interdisciplinary analysis, bringing elements of the history of the ideas, psychology, philosophy, etnography, bioethics and Law. First, we tried to investigate the transition of body visions in modernity and contemporanity: going between an idea of sacrality and profanation. After, an historic-comparative analysis was held, contemplating the main scientific advances on the field and its legislative repercussion, mainly in our country. Concepts related to the transplants modalities and the controversial brain death criterion had also been contemplated. The subject related to organ allocation scarcity showed to be essential to this discussion, since it gives place to one of the most heat debated and controversial themes related to organ transplantation in the present time: the human organs trade. After discussing several documented cases on organ commerce, a confrontation between arguments for and against that practice was held, coming to a conclusion that it is not acceptable given an analysis based on human dignity and on tha altherity ethics. Under the optics of the involved legal goods and the consent of the agrieved party, the conclusion is not diverse. Finally, through field research where 450 people had been interviewed, it was proven majority aversion to human organ trade, estabilished in a moral criterion, in the three researched groups, composed by individuals identified on a Law, Health or general community groups. The desire to save lives needs to be compatible with the necessary respect to human dignity.