Aspectos jurídico-penais e bioéticos acerca da mercancia de órgãos humanos provenientes de indivíduos vivos

• Ano de defesa: 2007
• Autor(a) principal: Bueno, Marisa Fernanda da Silva
• Orientador(a): Gauer, Ruth Maria 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: DIREITO; BIOÉTICA; BIODIREITO; DIREITO PENAL; ÓRGAOS HUMANOS - COMERCIALIZAÇÃO; TRANSPLANTE DE ÓRGÃOS - BIOÉTICA; DIGNIDADE HUMANA
• Link de acesso: http://hdl.handle.net/10923/1857

The present Dissertation was performed within research line called “Criminal Politics, State and Limitation of the Punishment”, in the concentration area of “Violence”, of the Post Graduation Program in Criminal Sciences of the Pontifícia Universidade Católica do Rio Grande do Sul. This work aims for an ethical reflection about scientific conceptions and the belief in science, showing the existing paradox among the specialized use of technology, the promises of cientificism, and its related theories. The historical set starts off by reading structural aspects from the XVII to the XX Centuries, about the myth of technological progress and, eventually, the Scientific Revolution, which led to an epistemologic crisis related to the dogmas of the truth, certainty and determinism. The research deals with questions related to organ transplants, legal and bioethical perspectives, trying to expose Brazilian reality. Then, it analyses juridical, sociological and philosophical aspects of human organ trade, based on the interpersonal relationships and the role of money in current society. It was carried out a research about the sociopolitical situation of some relevant countries in the route of international organ traffic, the historical aspects of medicine as biopolitical strategy, and the relationships of power verified in the use of someone’s body, under Michel Foucault’s and Homi Bhabha’s perspectives. Pro and con positions in the debate on the trade of organs from alive people were verified. The second one was chosen due to Kant’s categorical imperative, justice and alterity ethics. Finally, a study of a paradigmatic jurisprudential case (Criminal Procedure n. º 2003. 83. 00. 27440-0), happened in Recife in 2003, was done. The approach applied to the study of case was focused in the discussions about transnational organized criminality and the social context of this episode. Penal and administrative sanctions verified in the Law n. º 9. 434/97 were dealt along the analysis of its criminal politics, considering the Human Person's Dignity as the leading principle of the rights protected by the Brazilian legal system. Within the ambit of Criminal Law, the Principle of Personal Autonomy under the victim’s consent was read and analyzed, and, eventually, it was concluded that the trade of human organs is impossible for criminal-political reasons and the necessity of a coherent ruling legal system.