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The Plenary of Senate approved on Tuesday (16) a proposal to prevent fraud in vaccination against covid-19. Senator Styvenson Valentim (Pode-RN), Bill (PL) 496/2021 guarantees the right of the citizen to film or photograph the application of the vaccine and to have a companion present during immunization. The text also establishes penalties for those who break the order of priority in vaccination. The proposal goes on to analyze the Chamber of Deputies.
The bill was introduced after complaints against some health professionals who reportedly used empty syringes when giving the vaccine to the elderly. This practice became known as the “wind shot”. After the reports, some health units banned vaccination records or selfies.
Health workers or any other person who tries to prevent the citizen from filming or photographing the application may be punished with a custodial sentence of 6 months to 2 years, as amended by the rapporteur, senator Alvaro Dias (We can do public relations). The rapporteur recommended that the text be approved with a series of amendments tabled by other senators.
The sanctions also apply to the obstruction of other rights established in the project: the presence of a companion during vaccination; and monitoring the act of marking the batch of vaccine on the vaccination card. The intention of the author of the project is to stop fraud.
“A large part of the population is full of uncertainties about the fulfillment of the two immunization stages, the fulfillment of the priority line, the immunizers that will be available, the falsification of vaccines, the acquisition of enough vaccines for the population and if this it will happen in a reasonable amount of time, ”argues Styvenson.
“Fura-row”
The initial text of the PL provided that the obstruction of these rights would be punished with imprisonment, from 3 months to 1 year, in addition to a fine, without prejudice to the application of the applicable administrative sanctions and measures.
Álvaro Dias considered that the sentence “seems very lenient and may be harmless, that is, without any power to intimidate or sensitize possible offenders.”
It also classified another crime: violating the priority order of vaccination established by public authorities during a public health emergency. The penalty for the person who “breaks the line” of the vaccine to favor or benefit another person will be imprisonment for 1 to 3 years, in addition to a fine. This penalty will be increased from one third to one half when it is practiced by a government official or official.
“The provision to ensure the presence of a companion during the vaccination, the registration of this act, as well as the monitoring of the marking of the batch of vaccine in the respective vaccination card, is a very reasonable measure, especially in times of pandemic, since Rights are those that provide greater certainty that the applied vaccine is correct and that the immunizer was inoculated correctly. In fact, cases of even falsified vaccination, with diversion of immunizers, have been observed and investigated. The edition of the rule, therefore, has the possibility of avoiding these problems and reassuring the population ”, said the rapporteur.
Government leader Fernando Bezerra Coelho (MDB-PE) praised the project, but suggested that the rules be valid only for the period of the pandemic.
– Our concern is the proportionality of the measure. Therefore, we suggest the penal text exceptionally and temporarily. The wording restricts the conduct to public health emergencies of national importance – noted Bezerra.
Minority leader Senator Jean Paul Prates (PT-RN) supported the project, but noted that cases of fraud are an exception. He emphasized praising the work of health professionals in dealing with the pandemic.
“Let there be no doubt about the trust and appreciation of the Senate to health professionals,” he said.
Notification
The registration of crime occurrences can be done through the Internet, in the states where this procedure is available.
The PL modifies Law 6,259 of 1975, which regulates epidemiological surveillance actions, the National Immunization Program and establishes regulations on mandatory notification of diseases, among others. The new rules apply during the public health emergency across the country.
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