The medical ethics limits and religious freedom
Keywords:
Bioethics , Fundamental Rights , Autonomy of Will , Informed Consent , Jehovah's WitnessesAbstract
The purpose of this article is to demonstrate the abstention of Jehovah's Witnesses from blood transfusion, that there isn´t antinomy between the right to life and freedom of religious, due to who always looking for alternatives ways to reconcile with their faith. In addition, have focus on the limits of ethical medics against freedom of religious, as well as making an analysis as to the legal validity of free and informed consent, and the advance directives of the will of such patients. The method used is hypothetical-deductive, and the research technique employed is the interpretation of the theme through current Brazilian legislation, doctrines, jurisprudential analysis and the materials provided by the religious entity, Jehovah's Witnesses, and additional interviews with people who had experiences in this theme. It is possible to analyze that there are still authors who maintain the existence of a contrast of two socially relevant legal goods, such as life and religious freedom. Although others have already shown that it is an apparent conflict, and that in fact it doesn´t exist, moreover, they exalt the relevance of private autonomy in doctor-patient relationships, manifested through informed consent, and base this relationship on the principle of the person's human dignity. Given what is being presented, it will be possible to observe that the ethical duty does not only imply performing a certain medical procedure, but knowing how to respect the patient's opinion, even if his decision is based on his religious conviction, in attention to the principle of dignity human, freedom and freedom religious, essential values for a legitimate democratic rule of law. In addition, it is possible to reconcile the right to life and the right to religious freedom, since scientific advances have developed alternative methods that do not use allogeneic blood.