A VACINAÇÃO OBRIGATÓRIA NA PANDEMIA DO CORONAVÍRUS: HERMENÊUTICA CONSTITUCIONAL E JURISPRUDÊNCIA.

Fraga de Oliveira Faria, João Gabriel

The issue of mandatory vaccination has always been the subject of legal debate, especially when it comes to a disease with a high potential for contagion and transmissibility, in the search for a balance between the freedom of some to choose get vaccinateing or not and society, as a whole, of seeing the right to health realized, and, in different and pandemic scenarios, also the right to life. As a result of the worldwide Corona Virus pandemic, the debate is once again on the agenda, mainly because Federal Law n. 13.979/2020, which provides for measures to be taken in the pandemic context, provides for the hypothesis of mandatory vaccination. The Federal Supreme Court analyzed the constitutionality of the legal text, deciding that there was no affront to Lex Mater, given that mandatory vaccination does not imply in forced vaccination; the first consists of the obligation to vaccinate, under penalty of imposition of proportional sanctions, in line with the Federal Constitution, while forced vaccination, as the name suggests, implies vaccination imposed by force.

COVID-19 pandemic; VACCINATION mandates; RIGHT to life (International law); FEDERAL laws; FEDERAL courts; COMPAGNIE Francaise de Navigation a Vapeur v. Louisiana Board of Health

Connection Line, 2021, Issue 26, p21

1980-7341

Academic Journal

10.18312/connectionline.v0i26.1790