Os Atos de Disposição do Corpo Humano Em Vida: Uma Análise Crítica da Proposta de Emenda à Constituição N° 10/2022

Abstract

In the law realm, the consecration of personality rights, encompassing the right to the body, marked a substantial shift in legal approach, privileging the protection of the individual over purely proprietary interests. This paradigm shift, particularly evident in the Brazilian context, reflects a normative evolution that recognizes the centrality of human dignity, physical and moral integrity. In this context, the inconsistent Proposal for Constitutional Amendment n° 10/2022, which seeks to amend Article 199, § 4 of the 1988 Federal Constitution, with the aim of allowing private initiative to intervene in the processing of blood plasma, raises profound questions related to the commercialization of the human body. Thus, the potential approval of said Amendment not only challenges the fundamental principles enshrined in the Federal Constitution but also threatens to deepen social disparities, especially among the economically most vulnerable strata of society. Therefore, it becomes imperative to conduct a meticulous analysis, grounded in historical, legal, and logical considerations, of the fundamental rights involved in the Amendment Proposal, seeking to demonstrate its catastrophic potential.