Colheita post mortem de pacemakers implantados

: tutela do cadáver e tutela ambiental

Abstract

The present work addresses the issue of post mortem collection of pacemakers to ensure their proper reprocessing and potential reuse, while also ensuring the protection of the deceased. Collecting the pacemakers post-mortem is crucial to safeguard the environment by preventing soil contamination that would occur if the device was buried with the body. However, the removal of a pacemaker post mortem is not currently regulated within the legal system, resulting in a legislative gap. To address this, it is suggested that the rules outlined in Law no. 12/93, from April 22, (the law which governs the collection and transplantation of the organs) can be analogically applied. Additionally, it is proposed that the consent for the pacemaker implantation, along with post mortem removal should be obtained simultaneously. Ensuring that the individuals are fully informed about the importance of their donation decision. Therefore, Law no. 12/93, from April 22, should be changed to directly cover pacemaker explantation. The decree-law no. 244/94, from 26 of September, which regulates the national registry of non-donors, should also be changed in order to integrate the registry of pacemaker non-donors.

Date of Award	18 Jan 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Xavier (Supervisor)