Uma análise dos bens jurídicos vida " Versus" liberdade religiosa, no que tange á transfusão de sangue e seus efeitos penais.

Abstract

Regarding Blood Transfusion, Jehovah's witnesses refuse to do such a procedure, because the doctrine they follow does not allow them. In this way, uncertainty arises of which right should prevail, whether the right to life or religious freedom. Therefore, as a result, situations arise in which there should be an analysis between the doctor's duties and the constitutional rights of the patient and, consequently, what matters most between the two. Thus, in this scientific work, we seek to analyze the fundamental constitutional rights of religious freedom and life, when in opposition, as well as the elucidation of the available legal and penal means so that it can be applied to all agents that involve the situation in question. In addition, it is a research with the deductive method, with the use of laws (penal and constitutional), jurisprudence and resolutions of the Federal Council of Medicine, besides the examination of doctrines and scientific articles. It should be noted, therefore, that the right to life is placed first in the brazilian national legal framework. It is concluded, therefore, that due to the importance of this situation in our current legal system, there are several judgments in which the right to life prevails, when at the detriment of the right to religious freedom, since without it there would be no guarantee of human essentiality