ORGAN TRAFFICKING: FIGHTING ORGANIZED CRIME

Abstract

The illegal organ transplantation is configured as a crime of organ trafficking, it is still present in our society and is typified in the current Brazilian legislation, in the legal system and has its international determinants that are the declarations and conventions that have great strength in the creation and in the policy to combat human trafficking for the sale of organs. The transplant of organs and tissues has the purpose of benefiting the patient, thus recovering his health. Thus, the choice of this theme becomes justifiable, as it was focused on helping to develop legal and institutional methods to combat criminal organizations in Organ Trafficking. This article aims to discuss the phenomenon of organ trafficking in the light of Brazilian legislation and its criminal implications and to identify whether the creation of a specific penalty and increased supervision would be able to reduce the number of patients in the queue. The specific objectives were: to expose and analyze the trafficking of organs and tissues for commercial purposes, to understand the motivations of the people involved in this illegal practice and to identify the legal system related to the trafficking of human organs and tissues. It can be concluded that human trafficking transforms human beings into merchandise and objects of exploitation. The problem was: would the creation of a specific penalty and increased supervision be able to reduce the number of patients in the queue and combat criminal organizations that operate inside and outside the Unified Health System (SUS)? The following sources were used: research carried out by national scholars and scientific articles and as a secondary source: the analysis of specialists' works.