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The president of the STF (Federal Supreme Court), Minister Luiz Fux, reinforced today in a court ruling that the law does not allow the use of physical force to force people to get vaccinated. “No one is going to drag anyone by the hair to get a vaccine,” said the minister.
The STF judges three actions on mandatory vaccination this afternoon. Two of the actions discuss whether the covid-19 vaccine can be mandatory. The third process asks if parents can stop vaccinating their children based on “philosophical, religious, moral and existential convictions.”
Fux has not yet voted, but spoke during plenary court debates. The trial has not yet concluded.
Minister Ricardo Lewandowski, rapporteur for actions on the covid-19 vaccine, also said in his vote that no one can be physically forced to be vaccinated.
For the minister, only restrictions can be imposed on the rights of those who reject immunization, such as the prohibition of access to certain places or the exercise of certain activities. These restrictions must be provided by law, according to Lewandowski.
Today, in Brazil, there are already vaccines included in the regular vaccination schedule that are considered mandatory.
The federal law that deals with the National Immunization Program (Law 6.259 / 1975) establishes that mandatory vaccines can be defined and the regulations of the Ministry of Health require proof of vaccination to access social programs, school enrollment and military enlistment.
Vaccination actions against covid-19 question the provisions of the law approved in February with measures to combat the pandemic that provide for the possibility of determining mandatory vaccination.
The PDT, the opposition party to President Jair Bolsonaro (without a party), asks the STF to establish the interpretation that states and municipalities can determine the mandatory vaccination against covid. The party accuses the Bolsonaro government of not fighting the pandemic.
The action of the PTB, a party close to Bolsonaro, maintains that the possibility of mandatory immunization, provided for in the law, is declared unconstitutional.
