Inconstitucionalidade da restrição da doação de sangue com base na orientação sexual

Abstract

This study aims at analyzing the unconstitutionality of the restriction of blood donation based on sexual orientation based on the Direct Action of Unconstitutionality No. 5.543/DF of the Federal Supreme Court, which has been done through a descriptive bibliographic research. The subject is so relevant and its problematic is so essential for the present, that the STF's response in the Direct Action of Unconstitutionality No. 5.543/DF was a way to preserve the principle of human dignity, both for potential blood donors and for countless people who had their lives cut short by the absence of blood. However, as important and positive as the decision of the Federal Supreme Court in voting unconstitutional the Direct Action of Unconstitutionality No. 5.543/DF to make the prohibition of blood donation based on sexual orientation, this does not exhaust this issue. It is necessary to prohibit it by law (amending Law 10.205/2001), to prevent the STF's decision from being reversed or disrespected.