THE CONFLICT BETWEEN THE RIGHT TO LIFE AND RELIGIOUS FREEDOM: A STUDY ON ADVANCE DIRECTIVES

Abstract

This article aims to examine the conflict between the fundamental right to life and religious freedom in a democratic state governed by the rule of law. Initially, it analyzes the foundations, limits, and conflict situations between these rights, highlighting their relevance to the Brazilian legal system. Next, it presents the technique of balancing principles and its applicability to each specific case, with emphasis on the dignity of the human person. This study also presents the emergence of Advance Directives and their types as an alternative means of resolving conflicts, through documents that allow patients to express their wishes when they are no longer in full possession of their mental faculties. Finally, it analyzes the consolidation of the Statute of Patients' Rights, through Law No. 15.378/26, and its applicability with regard to individual self-determination, advance directives, protection of life, and religious freedom.