Provisional Measure No. 2,083-31, Of 25 January 2001

Original Language Title: Medida Provisória nº 2.083-31, de 25 de Janeiro de 2001

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PROVISIONAL MEASURE NO. 2.083-31, OF January 25, 2001

Altera devices of Law No. 9,434 of February 4, 1997, which has on the removal of organs, tissues and parts of the body human for the purposes of transplantation and treatment.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The devices ahead of Law No. 9,434, of February 4, 1997, go on to invigorate with the following essay:

" Art. 2º ......................................................................

Single paragraph. The realization of transplants or grafts of tissues, organs and parts of the human body can only be authorised after the realization, in the donor, of all screening tests for diagnosis of infection and infestation required in regulatory standards dispatched by the Ministry of Health. " (NR)

" Art. 4º The withdrawal of tissues, organs and body parts from deceased persons, for transplantation or other therapeutic purpose, will depend on the authorization of any of their larger relatives, on the straight or collateral line, up to the second degree inclusive, or of the spouse, signed in a document underwritten by two witnesses present for the verification of death. " (NR)

" Art. 8º After the withdrawal of tissues, organs and parts, the corpse will be immediately necropsied, if verified the single paragraph hypothesis of the previous article, and, in any case, conditionally recomposed to be handed over, then to the relatives of the dead or his legal perpetrators for burial. " (NR)

" Art. 9º It is permitted to the legally capable person to have free of charge of fabrics, organs and parts of the living body itself, for therapeutic purposes or for transplants in spouse or consanguineous to the fourth degree, inclusive, in the form of § 4º of this article, or in any person, upon judicial authorization, dispensed with this in relation to the bone marrow.

....................................................................................... " (NR)

" Art. 10. The transplant or graft will only do so with the express consent of the recipient, thus inscribed on a single waiting list, after advice on the exceptionality and risks of the procedure.

§ 1º In cases where the recipient is legally incapable or whose health conditions prevent or compromise the valid manifestation of his / her will, the consent of which it treats this article will be given by one of his parents or responsible legal officers.

§ 2º The inscription on a single waiting list does not confer upon the intended recipient or his family subjective right to indemnification, if the transplant does not take place as a result of alteration in the state of organs, tissues and parts, that would be intended for him, provoked by accident or incident in his transportation. " (NR)

Art. 2º The expressions of will regarding the withdrawal "post mortem" of tissues, organs and parts, constants of the Civil Identity Portfolio and the National Rehabilitation Portfolio, lose their validity from 22 of December 2000.

Art. 3º Ficam convalidated the acts practiced on the basis of the Provisional Measure No. 2.083-30, of December 27, 2000.

Art. 4º This Interim Measure comes into effect on the date of its publication.

Art. 5º Ficam revoked the § § 1º to 5º of the art. 4º of Law No. 9,434 of February 4, 1997.

Brasilia, January 25, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Silvano Gianni