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Revista da Associação Médica Brasileira

Print version ISSN 0104-4230

Abstract

PASSARINHO, Lúcia Eugênia Velloso; GONCALVES, Maura Pedroso  and  GARRAFA, Volnei. Bioethical study of kidney transplantation in Brazil involving unrelated living donors: the inefficiency of law to prevent organ commercialism. Rev. Assoc. Med. Bras. [online]. 2003, vol.49, n.4, pp. 382-388. ISSN 0104-4230.  http://dx.doi.org/10.1590/S0104-42302003000400028.

OBJECTIVE: This study aimed to know the opinion of five different social segments (public prosecutors, judges, general population, recipients of the awaiting list for kidney transplants and the crew involved in the organ transplantation process of a hospital in Brasília - Hospital de Base) about the present organ transplant legislation, with an emphasis on the donation of kidney by unrelated living donors, and the new determination given by Law # 10.211, in March 23rd, 2001, specifically in its article 9, that enlarges the criteria for donation of organs between unrelated living people. METHODS: A questionnaire with six objective questions was used in order to know the opinion of five groups of people of the Federal District about the present organ transplant legislation in Brazil. RESULTS: For 80% of the people interviewed, when Brazilian legislation allows donation of organs between unrelated living people, it makes possible the existence of rewarded donation and 81% of them consider that the requirement for judicial authorization is not an effective instrument to prevent organ commercialism. CONCLUSIONS: The present research indicates that Brazilian legislation fails concerning the utilization of kidneys for transplantation from unrelated living donors, making possible the commerce of organs in the country. Considering that poor people are the most vulnerable ones in this context, the authors suggest changes in the legislation in force, aiming to protect them and, therefore, attain more justice.

Keywords : Bioethics; Kidney transplant; Law; Unrelated living donor; Organs market.

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