Abstract

VICTORINO, João Paulo; LEMOS KARSBURG, Larissa; SEICENTI DE BRITO, Emauele  and  ARENA VENTURA, Carla Aparecida. Evolution of the Brazilian legislation on organ donation and transplantation. rev.latinoam.bioet. [online]. 2019, vol.19, n.1, pp.107-122. ISSN 1657-4702.  https://doi.org/10.18359/rlbi.3551.

Organ transplantation represents one of the most successful chapters in the history of world health. This therapeutic practice is no longer associated, as once, with the risk of the procedure, but with the opportunity to offer a new life to the recipient. The transplant depends on the acceptance of the donation of organs that, by involving aspects related to life and death, implies ethical dilemmas that stimulate the formulation of norms in this regard. This study aimed to reflect on the evolution of Brazilian legislation that regulates the National Transplant System in regard to the donation-transplant process, focusing on the bioethical aspects associated with the subject. It was identified that the understanding of health legislation encourages action based on fundamental rights and human dignity by the health professional. From this perspective, it is essential that health professionals possess, in addition to technical knowledge, legal knowledge and understanding of existing norms and their evolution, in order to guarantee the fundamental rights of people.

Keywords : tissue donors; health legislation; science and technology legislation; legislation; free patient choice; organ transplant.

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