BILL 3176/2019, BEHAVIORAL ECONOMICS AND THE OPT-OUT SYSTEM
A NEW CHANCE TO ENCOURAGE ORGAN DONATION IN BRAZIL?
Abstract
In recent decades, advances in science have increased the success of transplantation techniques. However, the availability of organs and tissues has not kept pace with the increase in medical needs, generating a dramatic public health situation, where thousands of people die waiting for a transplant. Behavioral Economics, which studies rational limitations in human decision-making, offers solutions to increase organ donation, one of the main ones being presumed consent (also called opt-out). Studies comparing opt-out and opt-in approaches suggest higher rates of donation in countries that adopt the first strategy. It is concluded that, in Brazil, the bill 3.176/2019 can be an opportunity to reduce the organ deficit for transplants, as it aims to implement the behavioral insight of the opt-out, establishing presumed consent for all citizens.
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