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

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.