A (im) possibilidade de doação de sangue por LGBT+ à luz de atos regulatórios administrativos: uma análise a partir do direito constitucional brasileiro
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Date
2019-12-02
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Universidade Católica do Salvador
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.
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Keywords
Doação de sangue, HSH, Direitos Fundamentais, Blood Donation, MSM, Fundamental Rights