ESCOLHAS EXISTENCIAIS: ANÁLISE DA DECISÃO PROFERIDA NA AÇÃO DIRETA DE INCONSTITUCIONALIDADE Nº 5.543/DF

Abstract

Even in the 21st century, it is not uncommon to encounter situations in which individuals are discriminated against because of their sexual choice, including the imposition of restrictions on blood donation, even in the face of the scarcity of blood banks and several advertising campaigns that encourage this type of donation by the general population. In view of this problem, this article aims to analyze the legal aspects of the prohibition of blood donation by homosexual or bisexual men and / or their partners, given the recent decision issued by the Supreme Federal Court (STF) in the Direct Action of Unconstitutionality (ADI) nº 5.543-DF. The research used the inductive method, based on the analysis of ADI nº 5.543-DF, concluding that homosexual or bisexual men and / or their partners have the right to donate blood and any restrictions are only sustained if they are imposed on all women. regardless of sexual orientation.