Bioética e direitos fundamentais: a recusa às transfusões de sangue pelas Testemunhas de Jeová

Abstract

This paper will examine the Institute of Bioethics and fundamental rights in the face of the refusal of blood transfusions by Jehovah's Witnesses. Based on investigating the motives involved in this decision and what legal support they have for their will to be recognized. It is a right provided for in the Federal Constitution that guarantees the patient's autonomy to avail himself of his existential choices, however, that is in conflict with the divergent position of the doctors who seek the judicial route to impose on the patient the use of hemotherapy against his will , provoking state intervention based on the claim that the individual's decision causes the collision of fundamental principles, such as the right to life and the right to religious freedom. For this, we studied bibliographies, laws of the current legal order, articles and jurisprudence, what remained for demonstrating the non-occurrence of a collision of fundamental rights, bearing in mind that Jehovah's Witnesses do not want to have their right to life, for religious reasons, but to guarantee it in its integral form by accepting the use of alternative methods. The existence of legitimacy in refusing blood transfusions based on fundamental principles, especially on the right to life, made possible by the recognition of blood as a risk treatment and the use of alternatives to blood transfusion.