SELF-DETERMINATION TO BLOOD TRANSFUSION: A SUPREME COURT ANALYSIS

Abstract

This article analyzes the refusal of blood transfusion for religious reasons, from a legal and bioethical perspective. Based on recent decisions of the Federal Supreme Court (STF), the right to religious freedom, patient autonomy and the limits of the public power in the provision of alternative treatments are discussed. The research also addresses the relevance of the principle of human dignity and its interaction with fundamental rights. In addition, the impact of judicial decisions in relation to hospital practices and legal certainty in Brazil is examined, considering other experiences on the subject. This is a qualitative research, in which it was sought through the analysis of the decisions of the STF to analyze the legal impacts presented in those decisions.