PAVESI CASE AND LAW No. 9.434, February 4, 1997

Abstract

This research aims to examine the debates surrounding the emblematic Pavesi Case, which occurred in April 2000, when the kidneys and corneas of the child Paulo Pavesi were unlawfully removed while he was still alive, for the purpose of transplantation. Based on this discussion, the study seeks to analyze Law No. 9,434/97, which regulates the donation of human organs, tissues, and body parts, particularly with respect to the criminal offenses defined therein and the classification of the conducts imputed by the Public Prosecutor’s Office to the healthcare professionals involved in the case. The methodology adopted consists of bibliographic and documentary research, of an exploratory and descriptive nature, having as its main sources interviews with those involved in the proceedings and doctrinal works regarding the law under review. It was found that seven medical professionals were charged with the crimes of aggravated homicide and unlawful removal of organs, receiving sentences ranging from 14 to 25 years of imprisonment. The case drew attention to the criteria and procedures governing post-mortem organ donation