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Judge Rolando Spanholo, substitute for the 21st Federal Court of Brasilia, authorized on Thursday (25) three entities of the Federal District, São Paulo and Minas Gerais to import vaccines against Covid-19.
According to the decision, these entities are exempt from donating immunizers to the Union, as established by law. Currently, the legislation requires that 100% of the vaccines against Covid eventually contracted by companies or other institutions be donated to the Unified Health System (SUS).
The Office of the Attorney General of the Nation (AGU) must appeal the decision before the Federal Regional Court of the 1st Region (TRF-1), based in Brasilia.
The decision benefits the following entities:
- Brazilian Association of Receptive Tourism Agencies;
- Union of Police Delegates of the State of São Paulo;
- Union of Servants of the Legislative Assembly of the State of Minas Gerais.
In practice, the judge’s understanding opens a gap for other entities to seek justice and try to obtain the same endorsement.
This Thursday afternoon, after meeting with two businessmen, the Minister of Economy, Paulo Guedes, made a “call” to the business sector. Guedes said that if businessmen buy vaccines, the country could “double” the number of doses already contracted by the government (500 million). Guedes did not clarify whether he supports the relaxation of the donation requirement to SUS or whether the government is evaluating a provisional measure to allow the purchase, without donation, by businessmen.
According to the consortium of press vehicles, based on data from state health departments, 6.32% of the Brazilian population was vaccinated against Covid until 8:20 pm this Wednesday (24).
Also according to the consortium, 17.8 million doses were applied; 13.3 million people received at least one dose; and 4.4 million have already received the second dose.
Judge Spanholo considered unconstitutional the law that requires the donation to the Unified Health System of 100% of vaccines against Covid-19 purchased by companies or other institutions.
By law, donations must be made until all priority groups have been vaccinated, corresponding to around 77 million people.
“It is highlighted that, by imposing the coercive donation of 100% (1st stage) and 50% (2nd stage) of the vaccines to be imported by civil society, […] Law 14,125 / 21 ended up legalizing a real attempt at unconstitutional usurpation of private property, ”said the judge.
For Spanholo, “the forced transfer of private property to the state” is not supported by the Constitution.
The magistrate also considered that the norm created, in a “camouflaged” way, the prohibition on the importation of vaccines by private initiative.
“In the formal world of ‘paper’, the appearance is that, at last, the strengthening of private initiative in the execution of the immunization program of Brazilians against the new coronavirus has been made known. but it also created an inexplicable distortion of treatment between companies / entities that decided to accept the coercive donation imposed by it, “he concluded.
