THE APPLICABILITY OF PRIVATE AUTONOMY IN CONSENT FOR POST MORTEM ORGAN AND TISSUE DONATION
AN ANALYSIS IN THE LIGHT OF THE BRAZILIAN LEGAL ORDER
Keywords:
Private autonomy, Organ and tissue donation, Post mortem, Consent, Personality rightsAbstract
This article aimed to reflect, considering the Brazilian legal system, if there is
applicability of the principle of private autonomy in the consent for the donation of organs
and tissues post mortem and if, consequently, there is no violation of the rights of the
personality and dignity of the human person. In this sense, the analysis of private autonomy
was pursued, regarding the manifestations of will in life about acts of voluntary and free
disposal of one's own body after death. To this end, it was necessary to discuss the legislative
evolution on the donation of organs and tissues, in addition to analyzing the current
legislation confronting it with private autonomy. Considerations about non-transferable
individual rights also contributed to the proposed objective, which are transferred to third
parties, considering the law in force. Finally, the reflections imposed by the discussion led
to the understanding that private autonomy is not considered in the consent for the
donation of organs and tissues after death.
