DA DIGNIDADE COMO AUTONOMIA, DA LIBERDADE DE RELIGIÃO E DO DIREITO DE RECUSA A TRATAMENTOS MÉDICOS COM SANGUE POR TESTEMUNHAS DE JEOVÁ

Abstract

This paper addresses the right to refuse blood transfusions by Jehovah's Witnesses, considering freedom of religion, human dignity, and the right to life. The objective is to guarantee fundamental rights, preserve life with dignity, and promote appropriate treatments that respect the religious convictions of patients. Through a deductive methodology and bibliographic research, legal, constitutional, and jurisprudential foundations regarding this issue were analyzed. The Jehovah's Witnesses' perspective on blood usage was explored, including their religious bases and cooperation with medical professionals. Subsequently, the fundamental rights involved were examined, highlighting freedom of religion, human dignity, and the right to life, based on renowned jurists. The right to refuse treatment based on religious justifications was extensively analyzed, covering informed consent, Brazilian legislation, and guidelines from the Federal Council of Medicine. Moreover, aspects related to cases involving children and adolescents were discussed, as well as the responsibility of healthcare professionals. Precedents at both the national and international levels were explored, emphasizing relevant decisions from international human rights courts and recognition in different countries regarding the refusal of blood treatments due to religious reasons. Additionally, a recent decision in Brazil that may have positive effects nationwide was highlighted. In light of this analysis, it becomes evident that the right of Jehovah's Witnesses to refuse medical treatments involving blood is supported by legal and constitutional grounds. Freedom of religion must be respected, along with the right to a dignified life. The Constitution, legislation, doctrine, and jurisprudence reinforce the clarity of this right, promoting the importance of dialogue among Jehovah's Witnesses, healthcare professionals, and competent authorities.