SELF-DETERMINATION TO BLOOD TRANSFUSION. AN ANALYSIS OF THE SUPREME COURT
Keywords:
Blood transfusion, Religious freedomAbstract
Blood transfusions are essential in medicine, but they involve risks and ethical dilemmas, especially when refused for religious reasons, such as by Jehovah's Witnesses. The Brazilian Constitution guarantees religious freedom and human dignity, but the right to health and medical action in emergencies generate conflicts. The STF, in Extraordinary Appeals 1,212,272 and 979,742 of 2024, recognized the patient's self-determination to refuse transfusions, as long as they are aware and informed, and the duty of the State to offer alternatives in the SUS. The research analyzes these legal and bioethical aspects, highlighting the tension between autonomy, belief, and access to health. The debate involves principles such as beneficence, non-maleficence and justice, demanding a balance between individual and collective rights.
