Revisão da legislação sobre o transplante renal no Brasil: um guia para o profissional da saúde

Abstract

Organ transplantation is a well accepted and very successfully therapeutic procedure to treat chronic insufficiency of solid organs in its final stage, being often the only option of intervention available. Performed in Brazil since the decade of 1960, kidney transplantation had legal development to protect the patients and their families and the healthcare professionals involved in the donation process. Objective: To review the literature regarding kidney transplantation laws in Brazil. To comment and summarize the aspects of those laws for the healthcare staff involved with kidney transplantation. Method: The method used was the Bibliographic-Documentary research of the laws and decrees of brazilian regulation related to kidney transplantation between the years 1963 and 2019 and 39 laws and decrees were analyzed. Results: It was observed that until 1968 the legislation regarding kidney transplantation were scarce and limited to the law nº 4.280/1963. From 1968 to 1992 a criteria to verify Brain Death was created and a founding of some procedures regarding transplantations has been implemented. After that, from 1992 to 1997 the Penal Code, protected some aspects of the transplantation. Also, the Law nº 9.434, also known as Transplantation Law, published in February 4th, 1997, Law no 10.211, published in March 23, 2001, and “Portaria” no 2.600, published in October, 2009, that ordain about organ removal for transplantation. The current laws reach over all transplantation process, regulating the donor condition, the protection of the organ receiver and the obligations and requirements of the medical staff to perform the procedures. Conclusion: Brazilian laws regarding transplantations can be considered up to date, considering all current medical advances.