Federal Deputy Sergeant Fahur (PSDPR) Agência Câmara
Published on September 16, 2023 4:33 p.m
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Deputy Sergeant Fahur (PSDPR) submitted this Thursday the 14th a bill mandating the donation of organs from people killed in clashes with police officers. The parliamentarian wants to amend Law No. 9,434 of 1997, which stipulates that the donation of body parts of deceased persons can only be done with the consent of a relative. According to the proposal, those who die in “confrontation with legitimate actions of the state” must be subjected to “compulsory donation,” that is, without the permission of a family member.
The proposal comes a few days after presenter Fausto Silva received a heart transplant and called for more people to define themselves as organ donors. Family members of Faustão came to Brasília to express their support for another bill that addresses the issue and has been in the works since the beginning of the year. The text by MPs Maurício Carvalho (UniãoRO) and Marangoni (UniãoSP) wants to establish the socalled “presumptive organ donation”. All persons would automatically have the authority to donate, unless there is a prior declaration to the contrary. Currently, the final say lies with the family.
Fahur’s project also wants to stipulate that if the organs of people killed by police cannot be used for transplants, the bodies of the deceased must be sent to medical schools “for study and scientific research purposes.”
“Death as a result of confrontation with legitimate actions of the state carried out by public security authorities at the federal, state or local level, as well as the removal of organs, tissues and body parts for transplantation or other therapeutic purposes, are carried out compulsorily,” the bill highlights out.
The project was submitted to the Executive Board of the Chamber of Deputies on Thursday and must be evaluated by committees made up of parliamentarians, which will be voted on in the plenary session of the House of Representatives. If approved, it would also have to be approved by the Chamber of Deputies Federal Senate, until it is approved by President Luiz Inácio Lula da Silva (PT).
The draft by MPs Maurício Carvalho and Marangoni is now ready for a vote in plenary, for which a date has not yet been announced. “In other words, everyone is a donor until the person decides in fact, if they don’t want to be a donor, they should speak up. Until the opposite, everyone is a donor. Let’s try to change the history of Brazil so that all the people standing in line today can get an organ more quickly,” explained João Guilherme Silva, Faustão’s son, in a video on social media.
Expert says project is “absurd”
According to Tainah Sales, PhD in Constitutional Law from the Federal University of Ceará (UFC), Fahur’s bill is unconstitutional and violates questions of freedom and human dignity. The expert notes that a possible law of this type could promote organ trafficking.
“A person who is considered bad is killed, along the lines of ‘a good criminal is a dead criminal,’ so that organ is donated to a person who is considered ‘good.’ “This can create a very frightening vicious cycle of destruction groups that receive a fee to collect these organs and promote a market,” says Sales.
The UFC doctor says the project has no legal basis and is “absurd” from a social perspective. Sales believes that if approved by Congress, it is unlikely to be approved by Lula or escape a declaration of unconstitutionality by the Federal Court of Justice (STF).
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