Even against the will of parents, followers of the Jehovah's Witness religion, a premature newborn from Goiânia will receive blood transfusion. The decision was made by Judge Clauber Costa Abreu, of the 15th Civil and Environmental Court, who granted an injunction to authorize the procedure, at the request of the She Maternity. In the decision, the magistrate stressed that the right to religious belief should not overlap the life of the child.
"It is not denied that the freedoms of conscience and religious worship are fundamental guarantees listed in our Constitution. However, what is at stake in this case is not the guarantee of an individual right pure and simple, but the guarantee of the right of a person still incapable, with a very personal nature and, therefore, can not be renounced, "he stressed.
The girl was born at 28 weeks and 6 days, weighing 1,265 kilograms and is hospitalized in the neonatal Intensive Care Unit (ICU). According to medical report, at any time she may need blood transfusion due to deep anemia.
Right to life
Despite the need, the child's parents had not allowed blood therapy because of religious precepts. For Clauber Costa, however, it is necessary to consider the Statute of the Child and the Adolescent. "It is worth recalling here that Articles 7 to 14 contemplate the fundamental rights of the developing person as regards life and health, and such premises can not be ignored by those who have custody responsibilities. Such rights are superior to those of freedom of belief or conscientious objection, under penalty of admitting the loss of the greater good guaranteed by the Constitution, which is life. "
In this way, the judge applied the principle of proportionality, between the right to religious belief and the right of access to health and life. "Even more so when the faith professed by the parents puts at risk the physical integrity of the incapable son, who is not able to decide for himself. In the concrete case, the child who is trying to protect does not have the civil capacity to express his will, because he is not yet sufficiently aware of the implications and gravity of the situation to decide as he wishes, "he said.
