Transfusão de sangue: faculdade ou imposição conferida ao paciente? uma análise constitucional e bioética

Abstract

The research presents the conflict between the essencial rights to the life and the religious freedom, evidenced on pacient´s refuse to blood transfusions in any circunstances.These pacients,usually Jehovah´s Witnesses, are willing to be treated with aternative methods,though. By doing so, they wouldn´t violate their religious believes. Based on interpretation classic methods ,as well as contitutional based ones,this research tries to elucidate whether the position of the mentioned pacients should be respected and guaranteed by the effective legal ornament. The concept of health is discussed,highlighting its mental and psychological aspect,and its relationship with human being dignity ,idea that guides the whole interpretation of the issue under analysis. The bioethic principles of autonomy, hypocratic oath and justice are also analyzed in the doctor-pacient relationship.