HIV/AIDS, Stigma and Health

the Combat of Discrimination in the Judgment of ADI Nº 5543

Abstract

Although HIV / AIDS has been described as one of the biggest public health problems in the world, since your identification, it has also revealed itself as a social disease due to its relationship with historically repressed groups, such as male homosexuals, and all the stigma built around the disease. That said, several eminently exclusive practices were established, such as the adoption of laws and restrictive measures, under the argument of “protecting society”. Among them is the policy of prohibiting blood donation by men who have sex with men and their partners, for a period of one year, established by ordinance 158/2016, article 64, item IV. The present paper consists of a literature review whose objective is to analyze the content of the decision of the ADI 5543, which considered that article unconstitutional, from the perspectives of the doctrine and literature on the epidemic, especially with regard to combating discrimination against people. living with HIV/AIDS (PLWHA). It was concluded, therefore, that the ADI trial represents progress in combating discrimination against homosexual people and PLWHA, since such a restriction disallows blood donations, harming both those who feel discriminated and patients. who need such donations. Furthermore, such
exclusion proved to be incompatible with the constitutional panorama established after the 1988 Constitution, which is why it was declared unconstitutional.