PATIENT AUTONOMY AND INFORMED CONSENT: LEGAL ASPECTS IN BRAZILIAN PUBLIC HEALTH INVOLVING JEHOVAH'S WITNESSES

Abstract

This article examines the principle of patient autonomy from the perspective of the Brazilian legal system, highlighting the importance of informed consent and the ethical and legal implications arising from therapeutic refusal based on religious beliefs, particularly in cases involving Jehovah’s Witnesses. The research is grounded in the Federal Constitution of 1988, the Code of Medical Ethics, and the jurisprudence of the Federal Supreme Court, emphasizing the decisions in Extraordinary Appeals No. 979.742/AM and No. 1.212.272/AL, which recognized that religious freedom and individual self-determination may set legitimate limits to compulsory medical intervention. Furthermore, the study analyzes informational inequality as a factor that undermines the effectiveness of autonomy, demonstrating that the exercise of informed consent depends on equitable access to information, adequate patient understanding, and the availability of therapeutic alternatives. It concludes that respect for patient autonomy transcends mere formal documentation, representing an expression of human dignity and requiring public policies that ensure the full exercise of the right to self-determination in health care.