Direito do cadáver: o conflito entre necessidade do uso do cadáver não reclamado para pesquisa e ensino, diante da importância do direito de autonomia e autodeterminação como garantidores da dignidade da pessoa humana.

Abstract

This article critically evaluates the use of unclaimed human corpses for purposes of scientific research and academic study, especially in the areas of biological sciences and health. The objective of this study is to carry out a critical analysis of the body donation system for scientific purposes adopted by the Brazilian legal system, investigating the deficiencies in ensuring the right to autonomy and self-determination of the will of the deceased who did not have his body claimed. To perform this assessment, the methodological process of bibliographic and documentary review will be used, based on a comparative study of the content of several authors, using the hypothetical-inductive method. In these evaluations, the theoretical position of the American philosopher Tom Beauchamps and the theologian James Childress, who were the founders of principlist ethics, will be considered in order to establish and emphasize the importance of autonomy in contemporary times. Finally, without intending to exhaust the theme, it is concluded that the national legislation is obsolete when dealing with the autonomy of the deceased who did not have their bodies claimed.