A mitigação do poder familiar na ausência de permissão para tratamento médico ao filho menor: um estudo sobre as Testemunhas de Jeová

Abstract

Jehovah's Witnesses refuse to carry out blood transfusions for religious reasons. This refusal takes on an even more dangerous bias when parents, in the use of their family power, do not allow blood transfusions in their children, even when this is strictly necessary to save their lives. This Course Completion Work seeks to analyze the possibility of limiting the parental power by the State, when they refuse essential medical treatment to the minor child. To this end, a study was carried out on the limitations of fundamental rights, as well as the possibility of disposing of one's own life. An analysis of the clash between the parents' right to religious freedom and the minor child's right to life was also carried out. As a methodology, an exploratory purpose was adopted, with a qualitative data approach, in the search to understand the path to the outcome of the theme. The procedure used for data collection was through a bibliographic review, through the analysis of books, articles, magazines, laws and jurisprudence. In the course of the present study, it was concluded that the conflicting values may suffer restrictions among themselves, respecting the principle of proportionality. In addition, when the case involves a minor, the State has the duty to intervene in the family nucleus when it sees a risk to life. In this way, the Judiciary's protection of the life of the child and adolescent is evident, considering it a more important value than the parents' freedom of conscience and belief.