Governments can make vaccination mandatory
The Federal Supreme Court (STF) decided Thursday that the federal government, states and municipalities can make mandatory the vaccination against covid-19. The justices argued that compulsory vaccination does not mean the use of force but said the authorities could impose sanctions on anyone who refuses to be vaccinated.
The result represents a setback for the government. In addition to failing to set up a consistent plan to inoculate the entire population, President Jair Bolsonaro has said he will not get the vaccine.
The rapporteur of the two cases on the subject was Justice Ricardo Lewandowski. His vote, presented the day before, served as a thread for the other ministers. "Compulsory vaccination does not mean forced vaccination, since the user's refusal is always allowed, however, it can be implemented through indirect measures, which include, among others, the restriction to the exercise of certain activities or the frequency of certain places, provided foreseen by law, or arising from it," defined the court.
Of the 11 justices, only Nunes Marques, recently appointed by Mr. Bolsonaro, partly disagreed. For him, the federal government can determine compulsory vaccination, as long as this is an "extreme measure," after all other possibilities of health intervention having been exhausted. As for the states, the obligation should be subject to the prior hearing of the Ministry of Health.On Thursday, Justice Alexandre de Moraes presented the toughest vote in plenary. "The importance of the theme is essential. The preservation of life, health, whether individual or public, in a country like Brazil with almost 200,000 deaths by covid-19, does not allow, when dealing with this theme, demagogy, hypocrisy, ideologies, obscurantism, electoral political disputes and, mainly, it not allows...
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