1.1) If the body is unclaimed
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Check if there is any documentation or identification that facilitates the localization of relatives or legal representatives (Law 8,501/1992 15) |
Verify that the death was due to natural causes, since the body cannot be used for research if resulted from a criminal action (art. 3, §3, Law 8,501/1992 15) or it will have to be subjected to a necropsy if the death was due to unnatural causes (art. 3, §2, Law 8,501/1992 15) |
Enable, with the medical school, the publication of edicts with data that might allow the identification of the body by relatives or legal representatives in local wide-circulation newspapers during 10 alternate days and for a 30-day period (art. 2, Law 8,501/1992 15 and Chapter XVII, item 96.3, Provision CG/SP 58/1989 19) |
1.2) If the body was identified
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Have the declaration of will of the dead person substantiated as “Statement of intent of body donation for study and research purposes” or equivalent (art. 1,857, Civil Code 16) |
Obtain, in the absence of statement of intent, the consent of the relative or legal representative to validate the corpse donation for research (item IV.6, clause c.2, Resolution CNS 466/2012 17) |
Observe the gratuitous and solidary character of the act of disposition of one’s own body or the donation by the relatives, being forbidden all types of commercialization (art. 199, §4º, Brazilian Constitution 14 and art. 14, caput , Civil Code 16) |
Do not disturb or prevent the funeral to request or coerce relatives to donate the body for research (art. 209, Penal Code 13) |
Do not violate the burial for the subtraction of the corpse for research (art. 210 and 211, Penal Code 13) |
1.3) On the authorization of use by the judge of the state court of justice
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Check the provision of the Judicial Administrative Department of the state to which the corpse will be donated to follow the procedures for the death register 19
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Request, together with the medical school, the death certificate of the corpse to the civil notary office for the use in studies and research (item 96.2, Chapter XVII, Provision CG/SP 58/1989 19) |
Present the originals of the edicts published in wide-circulation newspapers (item 96.3, Chapter XVII, Provision CG/SP 58/1989 19) to the civil notary office |
Await the authorization of the judge of the court of justice for the use of the corpse in research (item 96.4, Chapter XVII, Provision CG/SP 58/1989 19) |
1.4) On the submission of the research using corpses to the ethics committee
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Analyze the type and degree of mutilation to be caused in the corpse, considering the risks and benefits and the relevance of the expected results for the research project (item III.1, clause b, Resolution CNS 466/2012 17 and response from the Conep expert 18) |
Demonstrate that the risks related to research – that is, the possibility of damage to the physical, psychic, moral, intellectual, social, cultural or spiritual dimension of the person – will be minimized (item II.22, Resolution CNS 466/2012 17) |
Submit the research project to the CEP via Plataforma Brasil 53 (item VI, Resolution CNS 466/2012 17) after the authorization by the judge of the state court of justice 19
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Observe the general ethical guidelines for conducting research with human beings in Brazil (item I, Resolution CNS 466/2012 17) |
1.5) For the research development
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Carry out the research with the corpse only after approval of the project by CEP (item X.3, subitem 5, clause a, Resolution CNS 466/2012 17) |
Develop the research according to what was outlined in the project approved by CEP (item XI.2, clause c, Resolution CNS 466/2012 17) |
Do not destroy parts of the corpse in disagreement with what was approved by CEP (art. 211, Penal Code 13) |
Do not remove or hide the corpse or its parts for any reason (article 211, Penal Code 13) |
Treat the dead body with attitudes, gestures and words of deference and respect during manipulation (art. 12, Civil Code 16), avoiding the occurrence of indemnification of the relatives for damages and losses (art. 12, Civil Code 16) and the crime of corpse vilification (art. 212, Penal Code 13) |
Maintain the body, as far as possible, in its usual form, reporting in detail all the procedures performed on the corpse, the anatomical parts extracted and the research findings 51
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1.6) After the research is concluded
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Enable, together with the medical school, the burial or cremation of the corpse remains that are no longer used for teaching and research purposes (Chapter XVII, item 96.6, Provision CG/SP 58/1989 19) |
Communicate to the civil notary office that the body will be buried or cremated by the medical school for proper registration in the death certificate (Chapter XVII, item 96.6, Provision CG/SP 58/1989 19) |
Do not disturb or prevent the burial or cremation of corpse remains performed by the medical school (art. 209, Penal Code 13) |