Na vida e na arte : o poder de decisão da família e a autonomia da vontade do indivíduo na doação de órgãos post mortem

• Autor(a) principal: Santos, Márcio dos
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: https://ri.ufs.br/jspui/handle/riufs/14541
• topic: Direito; Ensino do direito; Direito a saúde; Transplante; Sistema Único de Saúde (SUS); Família; Doação de orgãos; Transplante de orgãos e tecidos; Law; Transplant; Post mortem donation; Legislation; Family; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS

It is easy to see that the traditional way of interpreting the Law has not followed all social dynamism, and it is necessary to resort, in an interdisciplinary way, to other areas so that it is possible to have a holistic view of events, and thus act in accordance with the commandments of justice. In this sense, the link between Law and Movies has been shown to be a successful possibility. Since, even when a cinematographic work does not portray a specific theme of the Legal Sciences, it can act as a stage for discussions of themes that indirectly affect the field of Law. In this research, it was possible to understand how this materializes, when referring to a film that deals mainly with organ donation, bringing it to the scope of legal discussion. Taking into account such interdisciplinary interaction, the present work, based on a mostly bibliographic methodology, aimed to broaden the discussion regarding the mitigation of the individual's autonomy in the face of the family's decision-making power, conferred by the current regulatory framework, in cases of post mortem organ donation. It remains to be shown that, despite being part of the general understanding that organ donation is an act of generosity that saves and/or improves people's quality of life, the National Legislation acts as a limiting factor, especially if we consider the difference between the number of potential donors and the number of actual donations. This disparity, as shown here, is due, in most cases, to the family's refusal to allow the removal of organs for donation by the deceased relative. This refusal is influenced by several factors. From religious issues and personal beliefs, through the approach of the medical team responsible for capturing the organs and going to the lack of understanding of the stages of the donation process, with emphasis on the concept of Brain Death. This entire scenario reinforces the need for a legislative change to guarantee the right of self-determination for the body itself. In addition, it is necessary to expand the debate on the matter, so that we can reduce the number of people who are currently on the waiting list for an agency. This is literally a matter of life and death.