Allocation of organs and tissues and the discipline of transplantations

Abstract

Human organs and tissues for transplant are example of scarce resource in health that cannot be financially produced or increased. The trade of human organs and tissues is ethically censured as it does not relate to exercise of autonomy, but usually is a decision motivated by economic hardship. This article analyses aiming to evaluate the application of the distributive justice: types of transplants, those of scarcity and applicability of the reserve premise of the possible in view of this circumstance, the main allocation criteria applied to the matter, the availability or unavailability of major organs and tissues, and the discipline of the topic in the country. One concluded by the difficulty in changing, legally and punctually, preset allocation criteria in the sector, although new perspective could be suggested for future legal approaches, aiming at expanding in an ethical, fair and safe manner the provision of available organs for transplants, particularly those derived from a corpse donor.