TRÁFICO DE ÓRGÃOS PERANTE A LEI N° 9.434/97, LEI DOS TRANSPLANTES

Abstract

The term Trafficking in Persons was defined internationally by the Palermo Protocol in 2000 and, although an open definition was proposed, it is composed of three constitutive elements due to the subjective nature of the crime: action (objective), means (subjective) and ends (use). One of the less common forms is the Trafficking of Human Organs and Tissues, often confused between myth and urban legend. In this article, we will critically analyze the exploitative methods of organ removal, jurisprudence and the application of Law 9.434/97. The approach is based on literature, jurisprudence and theoretical research, supported by induction. As a main conclusion, it is perceived that both the Transplant Law and its normative statutes suffer from inefficiencies and that, despite attempts to curb the practice of organ trafficking, its provisions do not satisfactorily achieve this goal. In addition, the National Transplant System has some deficiencies and irregularities in the management and coordination of the Ministry of Health. However, when analyzing the "Pavesi case", it can be seen that the performance of the legislative, executive and judiciary powers is not satisfactory.