Objeção de consciência e a colisão com os Direitos Fundamentais

Abstract

The present article starts from the premise about the right to conscientious objection of health professionals, as well as the right of women to abortion, in the hypotheses foreseen by law, and the possible collision of these rights in the factual world. It begins, therefore, through a brief analysis about the institute of conscientious objection and of the most famous cases in which it is applied. After, based on the Brazilian legal system, the study goes deeper into the said collision between the physician's right to refrain from performing certain procedures, due to moral, religious or ethical reasons, and the patient's right to abortion legal, which directly influences their right to have access to health and to have their autonomy of the will respected by these professionals. Finally, it is questioned about the possibility of civil liability of physicians, when they abstain from their legal duty, cause the woman to harm her moral and material sphere, thus giving indemnity.