A (im) possibilidade de doação de sangue por LGBT+ à luz de atos regulatórios administrativos: uma análise a partir do direito constitucional brasileiro

Abstract

Blood donation carries with it a self-imposed altruism of high significance to society, since only a single donation can save up to four lives. Thus, it is observed that with science and medicine in transformation, a portion of the rules that regulate the Brazilian hemotherapy procedures need to be adjusted to become dubious when referring to individual rights and collective interests. The article in question seeks to investigate the possible unconstitutionality of articles 64, item IV of Ordinance No. 158/2016 of the Ministry of Health and art. 25, item XXX, point “d)” of Anvisa's Collegiate Board Resolution No. 34/2014 by prohibiting homosexuals, bisexuals and their sexual partners from making donations, seeking support in the principles and provisions of the Constitution of the Federative Republic of Brazil, as well as analyzing technical and scientific motivations to justify their disability and alternative solutions at the international level that provide a parameter for the Brazilian legal system, investigating the possibility of flexibility in relation to the current fact-normative plan, adapting the normative the current social and scientific reality.