Scientific Electronic Archives (Dec 2017)

CIVIL RESPONSIBILITY IN THE MEDICAL-PATIENT RELATIONSHIP IN OBSERVANCE TO RELIGIOUS QUESTIONS

  • I. G. Silva,
  • S. F. S. Moraes,
  • S. C. D Pereira

Journal volume & issue
Vol. 10, no. 6
pp. 93 – 105

Abstract

Read online

This study aims to remedy the constitutional doubt about the physician's duty / responsibility in the face of the conflict over the blood transfusion of Jehovah's Witnesses in the light of fundamental rights and the dignity of the human person. Specifically, the paper aims to produce the necessary clarifications for a better understanding of how the law treats civil liability against the freedom of belief of individuals. Thus, the study will show what is an unlawful act that can be held accountable and to what extent religion can interfere in the life of a patient, so as to reflect on the hypotheses in which the dignity of the human person is reached, and whether this intervention will be Positive or negative, and thus complete, responding to the subject of the present scientific outline. The methodology used was essentially hermeneutic, based on the analyzes and comments of doctrinal texts and normative devices on the subject.