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BRASÍLIA – The Federal Supreme Court (STF) is considering an intermediate solution to resolve the controversy over mandatory vaccination against Covid-19. One of the ministers must propose, in plenary session, that vaccination is optional. However, those who do not want to be vaccinated will be subject to a series of restrictions, they will not be able, for example, to make national and international trips by public transport, or to enter commercial establishments.
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According to this minister, no one can be forced to undergo a certain medical procedure. However, the individual option cannot sacrifice the collective right to health, provided for in the Federal Constitution. Therefore, whoever does not want to be vaccinated cannot put the rest of the population at risk.
In this intermediate solution, the STF could create the vaccination condition to travel, for example. And let merchants demand the updated vaccination portfolio from customers. According to the minister who spoke privately with O GLOBO, the owners of bars and restaurants would be interested in mandatory vaccination, to avoid an eventual second wave of Covid-19, with the need for “lockdown” and compromised commercial activity.
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This position, however, is not unanimous in the STF. Another minister has privately revealed that he is in favor of mandatory vaccination. For him, there is no free will when the act of a single person puts the health of the entire community at risk.
Minister Marco Aurélio did not advance in his position, pointing out that everything is still very early in this discussion, and it is necessary to wait for the position of the rapporteur of the actions. But it considered that the STF is the “last trench of the citizenship”.
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– It is an open topic, to know if the self-determination of each citizen comes or if there is a collective good to protect, which is public health. That is what the Supreme Court will have to decide, if the matter is really asked. So we have values. On the one hand, the individual value, the self-determination of each one. On the other hand, we have public health, that there is a collective interest – said Marco Aurélio.
Last week, Minister Ricardo Lewandowski, rapporteur of actions related to vaccines in Covid-19, requested information from the Presidency of the Republic, the Attorney General’s Office (AGU) and the Attorney General’s Office (PGR). Once the clarifications are received, you must deliver the cases to full trial. This is expected to occur in the first half of November. Then, the president of the STF, Luiz Fux, would schedule a date for the trial.
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‘Quarantine law’
There is a debate on whether vaccination is mandatory or not, which could begin to be applied next year, if approved by the National Health Surveillance Agency (Anvisa). President Jair Bolsonaro has said he is against it. But Law No. 13,979 of 2020, signed by himself at the beginning of the pandemic, the so-called “quarantine law”, authorizes mandatory vaccination, in addition to other preventive measures to face an international public health emergency, such as Covid- 19. .
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There are already four actions on the subject at the STF, all reported by Lewandowski. One, written by PTB, wants to suspend the section of the law sanctioned by Bolsonaro. Another, from the PDT, aims to declare that states and municipalities may also require mandatory vaccination, a way to circumvent the resistance of the President of the Republic.
The other two actions, one from the Rede Sustentabilidade party, and the other from the Cidadania, PSB, PSOL, PT and PCdoB parties, are broader. Among other measures, they try to ensure that the federal government does not prevent the acquisition of doses of the CoronaVac vaccine, from the Chinese laboratory Sinovac, which, in Brazil, signed an alliance with the Butantan Institute, linked to the São Paulo government. The Health Ministry even said it would buy doses of the vaccine, but was later rejected by Bolsonaro.
For procedural reasons, the established deadlines were different. In the case of the PTB and PDT shares, the Presidency of the Republic takes ten days to speak. As for the Sustainability Network, it takes five days.
This Monday the PTB asked Lewandowski not to immediately hand over the shares for trial in plenary. The party, which opposes mandatory vaccination, wants a public hearing to be held first, with the participation of experts.
