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Rapporteur votes against restriction of homosexuals in blood donation

Thursday, October 19, 2017

The Brazilian Federal Supreme Court (STF) initiated the judgment of the Direct Action for the Declaration of Unconstitutionality (ADI) 5543, in which the Brazilian Socialist Party (PSB) challenges Decree No. 158/16 of the Ministry of Health and Resolution RDC No. 34/14 of the National Sanitary Surveillance Agency, which restrict the donation of blood by homosexuals. In the plenary session this Thursday (19) Justice Edson Fachin's vote was read, accepting the request and declaring the rules unconstitutional.

The questioned acts set selection criteria for potential blood donors, excluding, among other hypotheses, the "men who had sex with other men and/or their sexual partners" in the previous 12 months.

The argument is that there are already criteria directly related to the possibility of spreading sexually transmitted diseases (STDs), such as the practice of sex with several partners and the use of condoms. For the political party, the restriction reveals prejudice, since it is sexual behavior and not sexual orientation which determines the risk of getting an STD.

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