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LEGAL IMPLICATIONS OF THE HUMAN ORGANS AND TISSUES TRAFFICKING CRIME: LEGAL CONTROVERSIES ABOUT THE LEGAL PROTECTED INTEREST

Grant number: 14/18647-3
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): November 01, 2014
Effective date (End): October 31, 2015
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Fernando Andrade Fernandes
Grantee:Rhasmye El Rafih
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This scientific work has as its object of study the various legal implications of the organ trafficking crime. On this track , the sale of human organs is on parental rights , typified in the article 15 of Law n . 9.434/97 . The aforementioned device provides imprisonment from three to eight years and fine of 200 to 360 day - fines for those who buys, sells , promotes , mediates , facilitates or receive any benefit from the transaction of organs or body parts . However , the discipline of organ trafficking remains insufficiently addressed by the Act above , why in the draft Penal Code , in its special part , in Title XVI " Crimes against Human Rights ," Chapter III " Trafficking in Persons " , art . 469 , § 2 , there was innovation , it is expected that the removal of organs or tissue type to have spent itself , no longer punished as personal injury . Current law discipline , merely the crime of human trafficking for sexual exploitation . Fore this , the commission Reform of the Penal Code also criminalized trafficking for purposes of subjecting the victim to forced labor and organ removal , both domestically and internationally. That said , this project aims to analyze the dogmatic issues of trafficking , whether as a facet of organized crime , whether as a bioethical controversy , or as an affront to the rights of personality , and , above all, the purpose of examining the actual well legal to be protected in the crime of trafficking / marketing consented organ . To do so , we aim to make an approach by reference also to comparative law , especially concerning the positioning of Spanish law ( art. 156 bis and 177 bis, c , CP ) . Finally , through a legislative analysis , doctrine and jurisprudence , and through the analytic- deductive method , and a critical- dialectical approach , will elucidate the question of the legal order to deduce a new parameter to be contemplated by Brazilian law.