A criminalização das vítimas do tráfico de órgãos pela legislação brasileira à luz do princípio da isonomia

• Ano de defesa: 2014
• Autor(a) principal: Melo, Suana Guarani de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Cidadania e Direitos Humanos; Programa de Pós-Graduação em Direitos Humanos, Cidadania e Políticas Públicas; UFPB
• Palavras-chave em Português: Tráfico de órgãos. Criminalização das vítimas. Princípio da isonomia.; Organ trafficking. Criminalization of the victims. Principle of equality.; CIENCIAS HUMANAS
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/tede/7757

This dissertation begins by stating the fact that the Brazilian legislators chose to criminalize the organ trade, which includes organs, tissues and other body parts, by making illegal not only the purchase, but also the sale, with disregard for the motive and personal circumstances of the seller. As a result, the seller cannot be treated as a defendant, but only as a victim As a result, the seller cannot be treated as a defendant, but only as a victim. Said that, it was considered the hypothesis that this heavy criminalization is against the principle of equality because it also affects the people who suffered exploitation as victims of organ trafficking.Said that, it was considered the hypothesis that this heavy criminalization is against the principle of equality because it also affects the people who suffered exploitation as victims of organ trafficking. In order to verify this hypothesis, not only through a legal perspective, but also through a more holistic point of view, i.e., interdisciplinary, this article was divided into three chapters: the first one gives an understanding of the fundamentals of Human Rights, such as dignity and other principles, and puts the principle of equality as a key topic for further reflexions. The organ trafficking is debated as a transnational organized crime with a focus on the organ trade, its demand and supply, and some aspects of the UN Protocol to Prevent, Suppress and punish Trafficking in Persons, especially Women and Children (Palermo Protocol) and its application in Brazil; The second chapter provides an understanding of the victimology and one of the most important theories of criminal law, through aspects of bioethics and informed consent. It was done an analysis of the Brazilian laws connected to the criminalization of the organ trade. The third and last chapter analyzes a Court case and its sentencing. This case involved 'Operação Bisturi', an investigation initiated by the Federal Police in the state of Pernambuco in 2003, and the Criminal Case number 2003.83.00.27440-0, which has indicted several people for purchase and / or sale of organs based on the Transplant Law n. 9434/1997. This case shows some peculiarities that confirm the hypotheses in this research. The methodology was based on inductive method and is still theoretical-descriptive and exploratory, qualitative, documentary and bibliographic character. In conclusion, the article finishes by stating the need for further critical analysis of the total prohibition of organ trade and for changes in the Law number 9.434/1997, specifically the removal of overly broad elements from the statute. It was suggested that statute should carry death as a result in intentional crimes, as well as mid-term conducts and the enforcement of collateral consequences of the conviction. In addition, It was suggested further jurisprudence stating the low-degree offense in the victims conducts.