The objective of this work is to analyze the evolution of LGBTQIA + community's rights, the
social stigmas suffered by gay men and the normative homophobia embodied in the gay men's
temporary inaptitude in blood donation current in the RDC n. 34/2014 regulations of ANVISA
and Ordinance No. 158/2016 of the Ministry of Health. For that matter, the evolutionary history
of AIDS in Brazil and in the world was approached as a way of understanding the creation of
safety measures which have made a certain group of people with sexual risky behavior unfit for
blood transfusion, intending to prevent contamination of receivers. In this work, several
bibliographies and normatives were also analyzed, so that the research demonstrated that
despite the past of world history that has condemned, for a long time, the gay community to be
stigmatized for having risky sex, this stigma must be surpassed, given that this community has
been undergone several rights restrictions throughout history which have demonstrated that the
fundamental rights of the LGBTQIA + community must be guaranteed not only through the
CFRB / 1988 but also by means of international treaties signed by Brazil. From the analyzed
normatives it was noticed the contrariety in the requirements to make this blood donor unfit for
donation; therefore it was realized that the normatives are prejudiced and unconstitutional texts,
which try to perpetuate the stigmas suffered by gay men in a way that violate the right to
equality and non-discrimination of gay men.
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