O direito à vida e à saúde dos incapazes envolvido nas transfusões de sangue entre os Testemunhas de Jeová

Abstract

The issue of refusing blood transfusions motivated by religious issues leads to various nuances of law and society, especially when it comes to blood transfusions involved among children under 16 years old, those who are absolutely incapable of the Brazilian legal system. Briefly, the Civil Code of 2002 treats children and adolescents under 16 as absolutely incapable. This means that, although they actually have the capacity, they do not have the capacity for enjoyment, and certain life decisions derive from the will and conscience of their legal representatives, usually their parents. The big question revolves around the conflict when an absolutely incapable, to continue his life, for health reasons, has the indication of having a blood transfusion, but his parents refuse for religious reasons. We seek to understand whether this is a decision in line with Brazilian law, when there is a conflict between the right to life and health of the incapacitated and the right to religious freedom and the excuse of conscience of their parents. It is analyzed whether there is a violation of the right to life and health of the incapacitated when the refusal of blood transfusion is due to religious motivations of those responsible.