The Refusal of Blood Transfusion per Patient Adherent of the Religion of Jehovah's Witnesses: Collision Fundamental Rights - Case Study

Abstract

The objective of this study is to analyze the issue from the perspective of the collision between the fundamental rights to life and freedom of conscience and belief, as well as their weighting in view of Robert Alexy. The article seek refuge in literature and a critical- deductive approach to verify that the balance of principles should be determined by analyzing the circumstances of the case, based on the rational arguments of conviction. In conclusion, if you bet on a properly justified response from the socio- cultural context and the way in order to reach a proper consideration of principles.

Keywords

• Colisão de princípios
• ponderação
• direito à vida
• liberdade de crença.