THE OVERLAPPING OF FUNDAMENTAL RIGHTS IN CONFLICT: THE DICOTOMY BETWEEN THE RIGHT TO LIFE AND RELIGIOUS FREEDOM IN THE CONTEXT OF BLOOD TRANSFUSION TO FOLLOWERS OF JEHOVAH'S WITNESS

Abstract

This research started from the theme involving the conflict between the fundamental right to life and religious freedom in the context of blood transfusion for people belonging to Jehovah's Witness. Doctrines and jurisprudence were used as a source of research, seeking to understand which constitutional law will prevail in this case, based on the analysis of the principles of proportionality, reasonableness and isonomy. The approach method will be deductive, which will be through exploratory research, based on the books and theories that underlie the athematics of this research. In the end, it was concluded that there has not yet been a specific outcome, but a tendency towards a position focused on religious freedom can be observed.