"Historic Trial for the People of Jehovah in Brazil"

[Nathansantos]

A próxima quinta-feira, 8 de agosto, será um dia histórico para as Testemunhas de Jeová no Brasil. Após cinco anos de espera, o Supremo Tribunal Federal do país julgará o caso referente à liberdade do paciente de recusar uma transfusão de sangue. Este caso será o que chamamos de "repercussão geral" na lei brasileira, ou seja, a decisão tomada neste julgamento servirá de base para todos os casos julgados daqui para frente. Na semana passada, o presidente do Supremo Tribunal Federal permitiu que tanto a Sociedade Torre de Vigia de Bíblias e Tratados do Brasil quanto a dos Estados Unidos fossem convidadas como amici curiae (amigos do tribunal). Isso permitirá que os irmãos que fazem parte da comissão da filial no Brasil façam alegações orais sem necessariamente serem advogados (no Brasil, apenas advogados podem fazer alegações orais). Hoje, foi anunciado que o julgamento será transmitido pela TV estatal para todo o país. Não temos dúvidas de que este será um grande testemunho. Oramos para que Jeová guie este assunto da melhor maneira possível.

[Brother_Bliss]

Translation....  

 

Next Thursday, August 8, will be a historic day for Jehovah's Witnesses in Brazil. After five years of waiting, the country's Supreme Court will judge the case regarding the patient's freedom to refuse a blood transfusion. This case will be what we call "general repercussion" in Brazilian law, that is, the decision taken in this trial will serve as the basis for all cases judged going forward. Last week, the president of the Federal Supreme Court allowed both the Watchtower Bible and Treaty Society of Brazil and that of the United States to be invited as amici curiae (friends of the court). This will allow brothers who are part of the branch's commission in Brazil to make oral claims without necessarily being lawyers (in Brazil, only lawyers can make oral claims). Today, it was announced that the trial will be broadcast on state TV throughout the country. We have no doubt that this will be a great testimony. We pray that Jehovah will guide this matter in the best possible way.

[Doug]

WOW!   Thank you for informing us, Nathan.  This needs our fervent prayers.

[Nathansantos]

45 minutes ago, Brother_Bliss said:

Translation....  

 

Next Thursday, August 8, will be a historic day for Jehovah's Witnesses in Brazil. After five years of waiting, the country's Supreme Court will judge the case regarding the patient's freedom to refuse a blood transfusion. This case will be what we call "general repercussion" in Brazilian law, that is, the decision taken in this trial will serve as the basis for all cases judged going forward. Last week, the president of the Federal Supreme Court allowed both the Watchtower Bible and Treaty Society of Brazil and that of the United States to be invited as amici curiae (friends of the court). This will allow brothers who are part of the branch's commission in Brazil to make oral claims without necessarily being lawyers (in Brazil, only lawyers can make oral claims). Today, it was announced that the trial will be broadcast on state TV throughout the country. We have no doubt that this will be a great testimony. We pray that Jehovah will guide this matter in the best possible way.

 

"Sorry brothers! I thought I had sent the translated text! Thank you, brother, for translating." 🤣🤣

[Nathansantos]

"What will be the objective of the trial? In Brazil, there is a government health program called SUS (Unified Health System). Through this program, every Brazilian citizen has access to free medical care (This is even in the Brazilian constitution; every citizen has the right to access free medical care). However, in some cases, when our brothers, undergoing surgical procedures, request the use of an alternative treatment or medication that substitutes for blood, the government refuses to comply, saying that it already provides an accessible treatment (in this case, a blood transfusion). As a result, many brothers turn to the courts to have their right to government-funded health care upheld, and thanks to Jehovah, many have won. In 2009, in the state of Amazonas, the state government refused to perform surgery on a sister because she requested the use of a Cell Saver machine. As a result, she appealed to the Supreme Court of Brazil. Her request was approved yesterday, and the trial is scheduled for next Thursday, August 8."

[Nathansantos]

Update on the trial:

 

"At the midweek meetings in Brazil, an announcement was read informing the brothers that the trial will take place next week! The brothers were encouraged to make this topic a subject of prayer, since a positive decision would be historic for Jehovah's people in Brazil. The announcement cited the Watchtower of November 15, 2013, page 7, which says: 'It is not that Jehovah is obligated to act just because many of his worshipers have made several prayers asking for the same thing. The point is that he notices our collective interest and, in answering our prayers, takes into account our deep and sincere concern.' With this, the announcement asked the brothers to pray for the brothers involved and also for the decisions made by the Judges of the Supreme Federal Court."

[LeolaRootStew]

Hopefully one more prayer from the southern US will help 💜.

[Dages]

And from France

[BLEmom]

 

Prayer bubbles activated!

[Nathansantos]

Bethel sent an announcement to be urgently shared among the brothers in Brazil, stating that there was no need to wait for the midweek meeting. This announcement informs that all brothers are invited to follow the trial through the official government channels: TV Justiça, Rádio Justiça, and the official website https://radioetvjustica.jus.br/.

For the brothers outside Brazil who want to follow, the solution will be the official YouTube channel:

https://youtube.com/@radioetvjustica?si=cYhWTgO3QPcdkZdE

During the program, turn on subtitles and request YouTube to do automatic translation.

The trial is scheduled to start on Thursday at 2:00 PM local time (1:00 PM New York time).

[Nathansantos]

Here is the translation into English:

The hour of judgment is approaching. It will begin soon. We had a victory early on. Bethel had recommended that the brothers not watch the program via YouTube, as some apostate groups (from Brazil and abroad) were organizing to protest in the comments during the trial. But to our surprise, this morning the Supreme Court blocked the comments on the video! So, many brothers will be able to watch via YouTube (which includes me since I'm at work at the moment). Unfortunately, automatic subtitles will not be generated. But I believe that when the program is recorded, they will be added. And if not, I will add subtitles for the brothers!

https://www.youtube.com/live/pDvc0fZQ3xI?si=z0u_NJENXppQdp3W

Here’s the link in case you want to follow along even if you don’t understand 🤣🤣

But I’ll keep updating throughout the afternoon on what’s happening.

[Nathansantos]

The two ministers responsible for the cases are declaring what will be judged this afternoon... This afternoon, the oral arguments will be presented.

[Nathansantos]

Lawyer Elize Akiyama speaks on behalf of our sister from Amazonas. She shows that our sister has strong faith, which is why she deserves respect. She explained the importance of implementing the PBM. She talks about the shortage of blood in Brazil. She presented that in Brazil, lower courts have already decided... Patients do not want to be treated like children and want to have autonomy!

[Nathansantos]

The lawyers informed that their client is waiting to undergo orthopedic surgery, but even though the lower court judge ruled in their favor, the state does not accept his treatment. They stated that other states in Brazil would agree to perform the surgery, but since he is in the state of Amazonas, it was not allowed.

[Dustparticle]

Here is some good news 

 

 https://www.jw.org/en/news/region/brazil/Preaching-Campaign-in-Brazil-Helps-Sow-Seeds-of-Bible-Truth-in-11-Languages/

[Nathansantos]

My beloved brothers. I'm sorry I couldn't continue describing what happened... But the end of the oral argument was very emotional. One point I found interesting was the speech of a lady who is the President of the Association of Evangelical Jurists (she is not a Jehovah's Witness), but the defense she made showed how Jehovah uses people from the nations to accomplish His will. Now the ministers will hear the other side, and then they will vote. Tomorrow, the session will be posted on YouTube! In it, you will be able to generate automatic subtitles and translation into English.

[Nathansantos]

Now, an interesting fact:  

The first lawyer who spoke, Sister Elize Akiyama, and her husband Peter are graduates of Gilead.

[Nathansantos]

When they bring you in before public assemblies, government officials, and authorities, do not become anxious about how or what you will speak in defense or what you will say, for the holy spirit will teach you in that very hour the things you should say

 

Luke 12:11-12

[Dages]

More news today ? 

[Brazilian2024]

27 minutes ago, Dages said:

Mais notícias hoje? 

The final part of the trial continues next Wednesday. Let's keep praying 🙏🏽

[Dolce vita]

On 8/2/2024 at 8:18 AM, Dages said:

And from France

France squared

❤️2

[Leonard Match Valid]

Glad you posted this, I'll send you a summary I made

JUDGMENT BY THE STF - APPEALS 979742 AND 1212242

 STF debated whether religious freedom justifies funding and requiring differentiated health treatment 
The plenary heard oral arguments in cases involving Jehovah's Witness patients. Discussion of the merits, with the votes of the Justices, will take place at a later session. 

Summary of yesterday's judgment 08/08/2024

Appellants: Amicus curiae - or "friend of the court" - is a legal institute through which third parties (individuals, doctors, experts, legal entities, etc.) intervene in legal proceedings, providing technical insights or experience in their areas of expertise, as a way of assisting the Court, or the Justices who will decide.

1º. Doctor: Elisa Gomes

Affirmations: Citizen's decision must be respected in being TJ. At sister's house, doctor said he would perform surgery, but hospital refused patient because patient refused to sign document stating that hospital medical staff would put blood if necessary during surgery, so patient filed suit.
Cited as sources: Bible book of Acts 15:28,29 and Matthew 7:12
Patients use: Directives card. It's not the patient's whim, it's an exercise in living in peace with themselves and their God.  The World Health Organization has allocated 2021, informative pamphlet of norms for reducing the cost of the State, for people and for being safer. The WHO states that "it raises the patient's faith in the medical team and for the doctors, it has the satisfaction of the team legally".

2º. Doctor: Marilia Silva
Statements: Three reasons for maintaining and funding the procedure: 1) What the TJs do is not unique, the WHO also refuses treatment with blood transfusions 2) SUS is set to fund it in the PBM 3) There are SUS doctors who know how to treat without using blood in transfusions
The Doctor asked how much would be spent on the form that the TJs want for their health treatment, and she gave the answer: "Zero cost".

Justice Flávio praises the "quality of the lawyers' arguments"

 

3º. Doctor: José Corizi

Statements: Doctor stated that using a blood transfusion on a patient without their consent and respect is tantamount to rape.
It's not a clash between TJ versus science.
WHO in 2021 made the health pamphlet to manage the patient's own blood, page 5 states: in 220 scientific studies 28% mortality reduction in not using the transfusion.
If we don't respect the WHO's procedures and the faith of the JWs, the religion will be banned in the country.

4º. Representative of ACTJ and WatchTower Pennsylvania, USA 
-Dr. Mathews Araujo
Minister Luiz Fux asked if there could be a foreign representative on the court. 
The presiding judge said yes, he had already dealt with other cases, including the Whatsapp company.
What Dr. Mathews said: Jehovah's Witnesses are not exclusive in their refusal, as this has already happened in previous courts in 7 different countries. Jehovah's Witnesses do not want their right to die, but they do want their right to have other health treatment to maintain their life.

 

5/6º. Doctor: Pericles Doctor: Hunderson - Bioethics Society
Statements: Science is constantly changing. Every two and a half months science and health update their knowledge, books, it's very fast and it's necessary to change old policies such as the use of blood transfusions.
1) Patient autonomy is fundamental. 2) There must be patient autonomy in line with the state; one state can't do it and the other not.

7º. Doctor: Ana Carla - Inst. of Medicine
Question raised by Minister Flávio about minor children and the decision to transfuse: 

Doctor's comments: In response to Minister Flávio, it is the parents who are responsible for the health of minors. If the parents don't decide because they are divided in their faith, the doctor must notify the legal means that will decide.

End of the first oral hearing.
Another session will be scheduled for a decision.
 

The video will be available soon at https://www.youtube.com/@STF_oficial/videos

If you want to know more in detail, see: https://noticias.stf.jus.br/postsnoticias/entenda-stf-discute-se-liberdade-religiosa-justifica-custeio-e-exigencia-de-tratamento-de-saude-diferenciado

 

Julgamento STF 08.08.2024

[gusdn1]

I've been eagerly waiting for more news like waiting for the next episode of a medical-law drama. 😁

Edited August 9 by gusdn1

[Juan Silva]

I listened to the trial on the radio while I was working.
The attorneys and the amici curiae were excellent in their arguments. There was no inconsistency in their defenses. One argument complemented the other. I can't think of any way it could have been better. Simply incredible.

[ksilver]

They finally uploaded the full transmission:

It starts at 1:34:00

And yes it can be watched with auto-translated English subtitles

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