COLLISION OF FUNDAMENTAL RIGHTS IN CASES OF BLOOD TRANSFUSION BY JEHOVAH'S WITNESSES: RIGHT TO LIFE, RELIGIOUS FREEDOM AND HUMAN DIGNITY Kawany Viola da Silva Figueiredo, Renato Braz Mehanna Khamis

Abstract

This scientific article has as main objective to draw a parallel study between the constitutional rights fundamental to the life, the religious freedom and the human dignity, addressing the legal question of the refusal of the blood transfusion due to religious reasons. On the subject, due to the evident conflict of constitutional rights, there is the legal problem in doctrine and jurisprudence, with divergent opinions. This article will deal with doctrinal and jurisprudential matters, analyzing the positions established by the courts on the subject. As a result of this question, this article will seek to establish adequate mitigations on the dilemma, aiming to maximize benefits and minimize possible damages, with alternative solutions, and seek equity between the State and individual autonomy.