Faustão case: deputies want to approve presumed donation – 08/28/2023 – Panel

Deputies Marangoni (União-SP) and Maurício Carvalho (União-RO) want to take advantage of the interest aroused by the heart transplant to which presenter Faustão was submitted to try to approve a project that provides for presumed consent for organ donation.

The objective, they say, is to reduce the waiting list for transplants, currently 65 thousand people. The presenter, who was admitted to Albert Einstein Hospital on August 5 with heart failure, was second in line in São Paulo.

Today, the law determines that the removal of tissues, organs and body parts of deceased persons for transplants depends on the authorization of the spouse or relative of legal age, obeying the line of succession up to the second degree, signed in a document signed by two witnesses present at the death check.

The deputies’ project establishes that those who do not want to donate organs must register this will in a public identity document.

If you have more than one manifestation on the subject registered, the most recent one would apply. In addition, in the case of a person who does not have an identity document, the decision on whether or not to donate will be up to the family. Minors under 16 years of age or people with mental disabilities need authorization from a relative.

The text is now attached to a project by former Senator Lasier Martins (Podemos-RS) that requires family consent if the potential donor has been silent. Parliamentarians, however, intend to release it and vote for it independently.

The original law, from 1997, provided for the presumed donation of organs, unless the contrary was expressed in the identity or driver’s license.

Former president Fernando Henrique Cardoso sanctioned the text with vetoes, but maintained the presumed donation. However, in 2001 a provisional measure converted into law changed the device to provide authorization from relatives, as stated in the current wording.

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