DEVER ÉTICO E LEGAL DO MÉDICO FRENTE AO PACIENTE TESTEMUNHA DE JEOVÁ

Abstract

Jehovah’s Witness patients, because of their religious beliefs, refuse blood transfusions. Thereby, these patients’ treatment is a medical challenge due to the ethical-legal dilemma. This article aims to explore the conflict between the physician’s duty and respect for the patient’s autonomy, relating to the ethical and legal aspect. Methodology: an integrative review was made on the PubMed, Scielo, Capes Periódicos and Lilacs databases. Furthermore, the Federal Constitution, the Penal Code and the resolutions of the Federal Council of Medicine (CFM) on the subject were analyzed. Review: Article 5, item VI, of the Constitution of the Federative Republic of Brazil guarantees Brazilians and foreigners residing in the country freedom of conscience and belief, while CFM Resolution N. 1,021 / 80 imposes that the doctor must transfuse blood into the adult Witness of Jehovah patient in cases of risk of death, even without consent. This resolution is in accordance with article 135 of the Penal Code, which states: “medical or surgical intervention, without the consent of the patient or his legal representative, if justified by an imminent danger of death”. Conclusion: the limit between the patient’s autonomy and the physician’s duty is the threat of death, therefore, the doctor has the obligation to transfuse blood in these cases, without the need for consent, whether from the patient or its guardian.