Life and Religious Freedom in the Refusal of Blood Transfusion by Jehovah's Witnesses: A Jurisprudential Analysis

Abstract

This article analyzes the complex dichotomy between the right to life and religious freedom, based on Brazilian jurisprudence and, in particular, on the recent decision of the Supreme Federal Court (STF) in Extraordinary Appeal 979.742/AM. The ruling addressed the refusal of blood transfusion due to religious conviction by a Jehovah's Witness patient, exploring the constitutional foundations and doctrinal considerations that led the STF to harmonize these rights. The analysis highlights the importance of individual autonomy, human dignity, and the State's role in providing alternative treatments within the Unified Health System (SUS), reinforcing State secularism as a guarantor of minority rights.