Restrição de doação de sangue por homossexuais e julgamento da ADI 5543 pelo Supremo Tribunal Federal

Abstract

The objective of this study is to analyze the prohibition of blood donation by homosexual and bisexual men, in addition to their sexual partners, contained in both Ordinance No. 158/2016 of the Ministry of Health and in Resolution 34/2014 of the Collegiate Board of Directors, of ANVISA. This analysis will be made considering the principles of the Federal Constitution, which guide the entire Brazilian legal system, with emphasis on the principle of human dignity, equality and proportionality. The history of homosexuality, as well as the evolution of hemotherapy, will be presented, creating a connection between both, aiming to situate the Brazilian policy of blood donation in relation to that adopted by other countries, in addition to demonstrating the impacts arising from this normative restriction. Direct Action on Unconstitutionality 5543 will be addressed, which discusses the unconstitutionality of this restrictive measure adopted by the Brazilian legal system. The votes of the Ministers will be reported, as well as the arguments of the defense and the Requested and the opinion of the Attorney General's Office, as a way of punctuating the views and opinions on the topic discussed.