A recusa da transfusão de sangue em virtude da liberdade de crença

Abstract

This paper addresses the refusal of blood transfusion in the case of Jehovah's Witnesses and the collision of fundamental rights to life and religious freedom. It is intended to demonstrate how this collision would occur and whether, in the present case, there would be overlapping of one right over the other and if there is also the legal possibility of refusal by the patient to perform the blood transfusion. For this, a bibliographical research was carried out through scientific articles and religious texts. It concludes by demonstrating a real balance between the Right to Life and freedom of belief, while preserving the right of the Jehovah's Witness patient to refuse to transfuse blood. This would apply even in situations involving incapable minors, if they have discernment. The refusal of blood transfusions, provided that they are conscious, of such minor patients should be respected on the basis of the minor's having matured. In view of the impossibility of the minor expressing his conscious will, the absence of alternative treatments and the unequivocal need for transfusion, the case must be resolved by the Judiciary in view of the principle of the best interest of the minor consecrated by the Statute of the Child and Adolescent. Even in this case, such a decision must be justified and exceptional so that there is no arbitrary transgression of the parents' family power. Finally, alternative means for blood transfusion that could be used by the physician were presented, thus respecting the will of the Jehovah's Witness patient without any harm to health.