CONSCIENTIAL OBJECTION: THE REAFFIRMATION AND COMPOSITION OF A FUNFAMENTAL RIGHT

Abstract

The article addresses the relativization of the right to conscientious objection, guaranteed by the Federal Constitution and international treaties such as the Pact of San José, Costa Rica. It highlights how this fundamental right, although formally guaranteed, is often misinterpreted or neglected, especially in the context of medical practice and complex ethical decisions. It emphasizes that conscientious objection should be based on deep convictions, not on personal interests or prejudices. The text reinforces that the State must protect this right, respect individual autonomy but also balancing it with other fundamental rights. Finally, it argues that a true understanding of conscientious objection requires a historical, ethical, and legal interpretation that recovers its value as an instrument for achieving the common good and the concept of human dignity. The work was developed through reading books, research on websites and legislation, case law and scientific articles, in order to understand the topic and its consequences.