Article 06: JUSNATURALIST CONSIDERATIONS ON THE TRANSFUSION OF BLOOD IN JEHOVAH'S WITNESSES

Abstract

One of the most controversial problems in the legal world and in bioethics, whether or not the use of the blood transfusion serious condition that they are Jehovah's Witnesses. The doctor, in this case, is in an embarrassing situation, in a real crossroads, where he does not know whether to apply the resource and save the patient's life, or respect the creed and is liable to be negligent. At this moment, we find two types of clashes in the ethical-legal world: a) Regarding freedom itself, there is a clash between the autonomy of the physician and the autonomy of the patient; (b) as regards the species and hierarchy of principles of law, we conflict between the principle of the right to life and that of freedom. It became peaceful in the medical environment, given the seriousness of the problem, to grant resolution of these conflicts to the Judiciary. However, the constraints on in this type of quarrel still exist. Even with the transfer of this paradox of to the judicial authority, questions on this subject perpetuate: a) is the authority of the judge above patient self-determination? b) O principle is equal to or greater than the principle of the right to life?