Liberdade religiosa e Autonomia de vontade

Abstract

The Federal Constitution of 1988 brings in its title II, the fundamental rights and guarantees, subdivided into five chapters, among them, the right to religious freedom and the right to life. It is common ground that fundamental rights, as principles, are not absolute in character, and it is therefore necessary, in the event of conflict between them, to weigh one over the other to decide what is most appropriate to the individual. In this case, it cannot be said that one has supremacy over the other. This collision of rights is the object of study of this academic research, especially with regard to cases in which there is a collision between autonomy of will, religious freedom and right to life, a theme that involves refusal to submit to medical-surgical treatment by religious imperative. ; embryonic stem cell research; cloning; euthanasia, to name a few. The methodology used in order to carry out the research in the title, is the bibliographic, with historical and legal focus, aiming through an interdisciplinary analysis to analyze the various nuances that comprise the subject matter.