Doação de órgãos post mortem no Brasil : o conflito entre a autonomia da vontade do doador e o poder de decisão da família.

Abstract

The main objective of this monographic study is to analyze methods that effectively ensure the fulfillment of the organ donor's wishes after their death, in accordance with the guidelines of the Brazilian legal system. In this regard, the study seeks to answer the following question: Is it possible to guarantee that the organ donor's wishes after death are effectively respected? To achieve the proposed objective, the deductive method is adopted, using theoretical and qualitative research based on bibliographic and legal materials. The research analysis indicates that Article 4 of Law No. 9,434/97 prioritizes the family's decision over the donor's previously expressed wishes, which may compromise the individual's fundamental rights. Thus, the study reinforces the need to reform the Transplant Law, ensuring that the donor's explicit choice during their lifetime is sufficient to authorize post-mortem donation. This change would contribute to the enhancement of individual autonomy and alignment with the principles of the Democratic Rule of Law.