Transfusão de sangue em crianças e adolescentes testemunha de jeová: conflito de direitos fundamentais e seus desdobramentos jurídicos

Abstract

The objective was, through this bibliographic compilation, examined in cases of fundamental transfusion in children and adolescents apt to the religion of Jehovah, as well as to better understand how this legal conflict is considered under the objective. For that, scientific journals, books, laws and others, dissertations, among journals were used. The concern to investigate the conflict of fundamental rights and the legal developments that permeate Jehovah's Witnesses in relation to blood transfusion comes from the lack of specific laws to deal with the subject and its great repercussion. Freedom of religious religion is a fundamental right that involves many controversies. While there is a lot of diversity, for different reasons, the focus of this conflict is freedom of religion and the right to life. From the literature it is about the absence of specific laws that deal with the existing conflicts between the legal norms, the references to blood transfusion in Jehovah's Witnesses represents a gap still to be very applicable. The right to freedom of work and human life are fundamental to the freedom of authors. The principle of best interest must be considered when there is truth between biologically and sociologically the child as the main factor. There is parental responsibility to protect and guide their children, and the State's responsibility to meet their demands. The State, a protective agent and also guarantor of freedom, has the duty to protect everyone as religious freedom, as support and the possibility of expressing the broad form of their religious ideology.