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The Supreme Federal Court He formed a majority on Friday the 1st against a measure that prevents “men who associate with men” from donating blood for a year from the last sexual intercourse. The case has been on trial since 2016 and was resumed in a virtual session today, with the favorable vote of Gilmar Mendes.
STF forms majority against restriction that prohibits gay men from donating blood for one year
Photo: by LuAnn Hunt / Unsplash
Gilmar He was the sixth minister to consider an ordinance of the Ministry of Health and an unconstitutional resolution of the National Agency for Health Surveillance (Anvisa), which only allows the donation of “men who relate to other men” after 12 months of sexual abstinence. The direct unconstitutionality action was presented by the Brazilian Socialist Party (PSB) in 2016, when the then Attorney General of the Republic Rodrigo Janot presented a favorable opinion on the action.
Until then, ministers. Edson Fachin, rapporteur of the process, Luis Roberto Barroso, Rosa Weber and Luiz Fux they voted in favor of the action and declared that both measures were unconstitutional. Already Alexandre de Moraes He presented a favorable vote to lift only the one-year restriction, but he did not agree with his colleagues and argued that the material should be stored in the laboratory pending an immunological window that will be defined by the Ministry of Health.
In these cases, the minister explained, after the necessary evaluation, including the completion of the individual questionnaire, the material collected from the men who had sex with other men, regardless of the 12-month period, must be identified, separated, stored and subjected to serological tests. only after the immunological window period, to be defined by the competent organisms, to rule out any possibility of contamination.
Lawyer Rafael Carneiro, Carneiros e Dipp Advogados and representative of PSB in the lawsuit, believes that the reservation made by Moraes it maintains the discriminatory nature that justified the action in the first place. “Discrimination ceases to exist at the time of collection and becomes the treatment of donated blood, creating great concern about how this suggestion will be processed. There will be a separate scholarship for homosexuals or within the refrigerator we will have a division between the blood of heterosexuals and homosexuals? “he asks.
The virtual session continues until the next 8, when it will have a definitive result after the position of the other five ministers. Until then, the votes declared so far can also be changed.
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