A judicialização de transfusão de sangue envolvendo Testemunhas de Jeová, adultos e capazes, no Brasil

Abstract

The proposed work analyzes how the Brazilian Courts decide and what arguments they use in relation to the cases that reach the court and involve the refusal of Members of the Jehovah's Witnesses Organization to blood transfusion, with the aim of creating a decision-making profile. To this end, we hypothesized that there was convergence in the decisions presented and an alignment of arguments. To this end, through analysis of the judgments, divergent interpretations of the Federal Council of Medicine's guidelines regarding adult, lucid and capable patients are demonstrated. In addition, a case-by-case analysis is made of judgments in Brazil, until reaching the Federal Supreme Court, which will have as its last analysis, RE1.212.272/AL (theme 1069), a little more succinct, but no less important, ADPF 618 will also be analyzed, the end of the study is given by obtaining the decision-making profile extracted from all the judgments analyzed. The methodology employed is characterized by an inductive approach, as it will start from the analysis of decisions by the Brazilian courts in order to draw up a decision-making profile. This work also uses the historical method in order to understand the philosophical structure of Jehovah's Witness thought. The content analysis method will be used in order to tabulate and analyze the court decisions, which will also occur in the last one.