Colisão de direitos fundamentais: responsabilidade civil médica na transfusão de sangue em testemunhas de Jeová

Abstract

This study aimed to analyze the physician's civil responsibility concerning the consequences of refusing blood transfusion in Jehovah's Witness patients. The research aimed to understand the clash between fundamental rights, specifically the right to life (Art. 5, Chapter I of the Brazilian Federal Constitution of 1988) and the right to religious freedom (Art. 5, VI of the Brazilian Federal Constitution of 1988). Developed across three chapters, this theoretical study drew from doctrinal analysis, Brazilian legislation, and case law. The first chapter delved into fundamental rights to comprehend the conflict between the right to life and religious freedom, aiming to reach a resolution for this clash. The second chapter explored the beliefs of Jehovah's Witnesses regarding blood transfusions and potential alternative treatments. Finally, the third chapter scrutinized the medical civil responsibility concerning blood transfusions in Jehovah's Witness patients. It was concluded that the physician's civil liability would hinge upon the specific context, taking into account the patient's condition. The recommendation to the professional is as follows: in the case of a patient facing a life-threatening situation, administer the blood transfusion. If the patient is of legal age and conscious, respect their choice; if unconscious, verify the existence of prior documentation indicating accepted treatments or a legal representative. In the case of a minor, prioritize the health of the child or adolescent and apply the necessary treatment. However, it's important to note that legal actions might be initiated seeking compensation or urgent measures, either to proceed with or suspend the blood transfusion. [resumo fornecido pelo autor]