Bioética x direitos fundamentais: liberdade individual e recusa a transfusão de sangue

Abstract

This monograph analyzes the result of a bibliographic study on bioethics, fundamental rights and guarantees, and constitutional and civil principles in the face of the refusal of blood transfusions by Jehovah's Witnesses. Based on the identification of the reasons for this refusal, as well as the legality of the decision, this research presents a study on the regent principles that stand out in this subject, through interpretation of dry law, bibliographies, articles, jurisprudence, legal websites and interviews. The analysis of the collision of fundamental rights makes it possible to understand that such rights must be protected in an integral way, and other forms of protection complementary to the constitutional orientation on the subject may be necessary. Therefore, proving the existence of this legitimacy in the refusal to transfusion of blood, this work presents alternatives to be used by the medical community.