Brazilian Federal Supreme Court judges that norms prohibiting homosexual men from donating blood are unconstitutional

Due to a sudden drop in the blood stocks caused by the COVID-19 pandemic, the Full Bench of the Federal Supreme Court ruled, in a virtual session, that regulations from the Ministry of Health and from ANVISA prohibiting homosexual men from donating blood were unconstitutional. Although the dissenting judges claimed the decision meddled in “scientifically-proven public policies” (Judge Lewandowski), the idea that the existing criteria for blood donations constituted an “unjustifiable and unconstitutional form of discrimination” (Judge Fachin) prevailed.

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