O direito fundamental à escusa de consciência: aspectos de sua garantia a testemunhas de Jeová no Brasil e o julgamento da ADPF 618

Abstract

This monography examines the fundamental right to conscience regarding the refusal to receive treatment through blood transfusion, by a person adhering to the Jehovah's Witness religion. Therefore, the theoretical and normative treatment on the protection of the right to conscientious objection is discussed, highlighting the intimate relationship between this right and the dignity of the human person. Thereby, the hypothesis is raised that the effective application of alternative methods that promotes and ensures the exercise of the right to excuse the conscience of Jehovah's Witness patients. Therefore, the most common alternative methods to transfusions are presented, as well as their application in several countries and in Brazil. Still, an approach is taken in relation to the action of non-compliance with fundamental precept 618, in order to discuss the controversy that permeates it, as well as debate about the jurisprudential analysis of some Courts of Justice regarding the possibility of a patient refusing transfusion specialized, to understand what the Courts' position has been in the face of specific cases, finally, due to the analysis of the conflict of fundamental rights, we seek to establish which interpretation should be appropriate to ADPF 618. as deductive, starting from general aspects on the theme and ending with the specific treatment of ADPF 618. This is also a bibliographic research, because it is based on books, scientific papers, academic journals and materials already published for theoretical deepening. As for the technique, it was used the collection and analysis of data, that is, of indirect documents, based on bibliographic and documentary research, making the survey of jurisprudence and other publications relevant to the studied theme.