ORGAN TRANSPLANTATION: LEGAL ASPECTS, BRAIN DEATH PROTOCOL AND OVERVIEW OF THE DONATION-TRANSPLANT PROCESS (Atena Editora)

Abstract

Death from circulatory arrest is conceptualized by medicine as the complete cessation of vital activities, while brain death is characterized by the absence of supraspinal motor activity and apnea, the result of an irreversible process, both of which are considered death. This distinction is fundamental, especially in the context of organ donation, where respect for the individual's consent is essential to preserve the dignity of the human body. In Brazil, the public health system (SUS) plays a crucial role in financing transplants, with 96% of procedures being carried out through it in 2018. Transplants can be performed from living donors, usually relatives, or from deceased donors, either due to brain death or cardiac arrest. However, the disparity between the number of recipients and donors’ results in organ loss and family refusals, which highlights the need to educate and raise awareness of the population about the donation process. It is essential to reduce underreporting of brain death, face family refusals and adjust contraindication criteria to increase the effectiveness and equity of transplants in the country. This can be achieved through public education programs, awareness campaigns and improving donation and transplantation protocols.

This way, we can ensure better use of available resources and save more lives through the generous act of donating organs.