RELIGIÃO E DIREITO: TESTEMUNHAS DE JEOVÁ E A QUESTÃO DA TRANSFUSÃO DE SANGUE

Abstract

This paper aims to analyze the issue of religious freedom in Brazil and the refusal of blood transfusion by Jehovah's Witnesses. The purpose of this research, which will be divided into three chapters, is to analyze and discuss the issue of religion, the right to life, the right to freedom of conscience and religious belief, the principle of the dignity of the human person, the religion of Witnesses And legal and religious aspects of refusal to blood transfusion, with a focus on jurisprudential and doctrinal understanding on the subject, inasmuch as, as can be observed, there is no part of the doctrine and jurisprudence understands that the right to life must prevail, part understands that religious freedom, expression of human dignity, must be respected. For a better understanding of Jehovah's Witnesses' right to refuse to transfuse blood, it is essential to approach religious freedom in Brazil, insofar as Brazil has adopted a constitutional position by the laity of the State and the understanding of religious freedom as an intrinsic fundamental right to the human personality, and all citizens are free to choose the religion that best suits their conscience and belief. In order to do so, it seeks to present the issue of religious freedom in Brazil, the alleged biblical arguments for Jehovah's Witnesses' refusal, the concept of sacred and profane, and the denial of blood transfusion by Jehovah's Witnesses, from the point of view of the religious argument, that is, of their religious convictions, as well as from the point of view of legal arguments, since the constitutional order recognizes religion as a relevant dimension of people's lives. In the case of a capable and conscious person when the act of manifesting his will, fully possible the defense of, according to our legal order, his belief and his will, and must be respected, once grounded in the principle of the dignity of the human person and in the fact that religious freedom is a fundamental right that integrates the universe of one's existential basic choices.