Análise jurídica acerca da (im)possibilidade da legalização da comercialização de transplantes de órgãos frente à criminalização prevista na LEI n° 9.434/97

Abstract

This study seeks to elucidate the legal aspects of the crime of drug trafficking. bodies in the light of Brazilian legislation, as well as its criminal implications. With such an increasingly frequent practice, the purchase and sale of organs is shown to be a justification for the current context of organ donations in Brazil: the wide queue of expected and evident incompatibility between the number of organs available for donation and waiting patients. In this sense, the present work will discuss about the crime of organ trafficking, as well as its prohibitions in the legal system Brazilian, evidencing Law n° 9.434/97, the “Transplantation Law”; the legal assets protected by the criminalization of this trade, namely: the right to life and physical integrity, in relation to the possible commercialization of organ transplants; the clash between constitutional principles: the principle of the dignity of the person human life and the principle of autonomy of the will; and, finally, the appropriateness of the of the exclusionary institutes of unlawfulness and culpability: state of necessity and non-requirement of different conduct