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This month, the Plenary of the Supreme Federal Court (STF) deemed unconstitutional provisions of regulations from the Ministry of Health and the National Health Surveillance Agency (Anvisa) that excluded men who had, in the last 12 months, had sexual relations with other men and/or their sexual partners, from the list of those eligible to donate blood.
IDP professor Rafael Carneiro was one of the authors of the lawsuit. We spoke with him to learn about his experience with the case and the implications of this outcome for Brazil. Check out the interview below.
- Why were the regulations of the Ministry of Health and the National Health Surveillance Agency (Anvisa) unconstitutional?
Because they treated people based on the concept of "risk group," a discriminatory and prejudiced notion. The rules prevented individuals from donating blood based on sexual orientation, not on individual risk behaviors – these are the factors that should determine whether or not there is a risk. Treating people as "risk groups" based on sexual orientation is discriminatory and prejudiced, therefore unconstitutional.
- How did the whole process unfold?
The idea of filing the lawsuit arose in 2016 when an intern at the firm informed me of the existence of this rule. We had already heard about it; it wasn't a new rule, but I had never felt the need to study the case and delve deeper into its examination.
When I was studying this, I saw that several countries also had similar rules, but they ended them. For example: Argentina, Chile, Portugal, Spain, and South Africa. They eliminated them precisely because they realized they were discriminatory.
These rules emerged in the 80s, when there was a lack of scientific understanding about the causes of HIV, linking AIDS to specific groups. Over time, this proved discriminatory, and several countries ended these rules.
Brazil did not. So, when I had the opportunity to study it in depth, in 2016, I decided to file a lawsuit, together with the Brazilian Socialist Party (PSB), which was the plaintiff. The trial began and was interrupted in 2017, with a request for review. It resumed and concluded now in 2020.
- What was it like for you to be one of the authors of the lawsuit?
It is an honor and a great joy to have participated in, signed, and presented oral arguments before the plenary session of the Supreme Federal Court (STF). This is a very important case that discusses Fundamental Rights, the Principle of Equality, and combats prejudice. This judgment marks a milestone in the history of the STF and brings solidarity and joy during these times of pandemic.
- Is it time to celebrate, or do you realize there's still more to be done in this area?
What I realize is that academia and universities need to be closer to reality, to everyday life. There are countless rules that need to be re-discussed and explored in greater depth. It's important to celebrate this historic victory, but it's also necessary to remain vigilant in order to further reduce inequalities and discrimination.
- What are the implications of this result for Brazil?
Brazil has been demonstrating, on the international stage, an example of precarious public management and difficulty in solving problems related to the pandemic. This result, however, provides a clear and positive sample of our judiciary and the Supreme Federal Court. Demonstrating to the world the need for respect towards minorities and solidarity in such difficult times. url(http://homologacao.idp.edu.br/wp-content/uploads/2018/02/bn_contato_idp-1980×300-1.jpg?id=5274) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_class=”postCTA”][vc_column][themeum_action alignment=”left” title=”STILL HAVE QUESTIONS?” title_style=”customstyle” title_heading=”h2″ title_size=”20″ title_color=”#ffffff” title_weight=”800″ title_margin=”53px 0 0″ title_padding=”0″ btn_position=”btnright” btntext=”CONTACT US” btnurl=”/contact/” btntype=”white” btnsize=”btn-lg”][/vc_column][/vc_row]
