A LAICIDADE DO ESTADO E A FORMAÇÃO DA IDEIA RELIGIOSA QUE LEVA À ESCUSA DE CONSCIÊNCIA DO MÉDICO NO ATENDIMENTO AO TESTAMENTO VITAL DO PACIENTE

Abstract

This work will address the formation of the religious idea in the light of the cultural and religious imprinting developed by Edgar Morin and the refusal of doctors, due to religion, to meet the will of the terminal patient, not to undergo treatment or medical intervention that prolongs his suffering, even if his natural death came from it, thus provoking a dialogue between constitutional law, religion, religious freedom, bioethics and bio-law. This will be covered in three chapters. In the first, the fundamental rights of religious freedom and autonomy are analyzed in the light of the dignity of the human person. In the second, the formation of the religious idea is analyzed in the light of the cultural and religious imprinting developed by Edgar Morin. The third addresses the excuse of the physician's religious conscience in meeting the patient's wishes in the event of end of life. We will observe that the 1988 Constitution, as fundamental rights, guarantees the physician the excuse of religious conscience and the patient the autonomy of the will. Although it preaches the equivalence of values between Fundamental Rights, only in the specific case can it be decided which one will prevail. In this sense, the principles that guide the relationship between doctor and patient and the impossibility of anticipating death will be taken into account in Brazil. We will find that religious imprinting marks people in such a way that it prevents them from breaking normalization, making the religious idea superimpose the terminal patients' desire not to undergo medical intervention or treatment that prolongs their suffering, even if the natural death comes. Thus, the religious idea goes beyond the internal limit of the person, generating effects on life in society. Hence, there was a need for ordination so that terminally ill patients can effectively exercise the right not to undergo treatment or medical intervention that denies them natural death.