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The Federal Court of Brasilia considered unconstitutional the law approved by Congress that requires the donation to the Unified Health System of 100% of the vaccines purchased by companies or other institutions provided that not all groups considered priority are vaccinated. The AGU (Advocacia-Geral da União) can appeal the decision, which has yet to be done.
The substitute judge of the 21st Federal Court of Brasilia, Rolando Spanholo, understood that the donation requirement, included in the law by the parliamentarians, is unconstitutional, accepting the argument of the Union of Police Delegates of São Paulo, that the prohibition violated the fundamental right to health. delaying immunization.
This is a preliminary decision and therefore has immediate effect, regardless of its publication in the Diário de Justiça. According to the Federal Justice Council, the only beneficiary is, at least initially, the union that brought the action. “In theory, however, the decision creates a precedent and can benefit other people, entities and companies that come to seek justice.
In the judge’s opinion, the obligation to donate immunizations in their entirety to the SUS discourages civil society, businessmen and institutions from participating in the purchase and vaccination against the coronavirus, which further delays the process in the country. He asked the AGU to say that it would not comment on the matter at this time.
Group of businessmen secretly took a vaccine
The decision comes a day after the revelation made this Wednesday (24) by Piauí magazine that a group of businessmen from Belo Horizonte imported Pfizer vaccines against covid-19 to immunize politicians, businessmen and their families.
According to the magazine, the doses were purchased at R $ 600 each; the first vaccine was applied last Tuesday (23) and the second dose is expected in 30 days.
According to the report, the purchase was made by the brothers Rômulo and Robson Lessa, owners of the Saritur highway. The application of doses against covid-19 was carried out in a garage of the group company, secretly. The publication mentions former senator Clésio Andrade, who served as former president of the CNT (National Transport Confederation), among those who stood in line.
“I am 69 years old, my vaccine (for SUS) would be next week, I didn’t even need it, but I took it. They invited me, it was free for me,” he told Piauí. Later wanted, Andrade denied having been vaccinated by the group. “I don’t know. I’m in quarantine here in southern Minas. I was covid,” he said.
Through a note, Pfizer denied the sale or distribution of its vaccine in Brazil outside the scope of the National Immunization Program and said that the immunizer is not yet available in Brazilian territory.
Importation of vaccines by private individuals is prohibited, says Anvisa
Today, the National Health Surveillance Agency reported that it had contacted the Federal Police about the case. “All vaccines against covid-19 that legally entered the country, for immunization purposes, were destined for the SUS,” the agency said. “The importation of vaccines by individuals is prohibited in Brazil.”
The law declared unconstitutional by the Federal District Judge was approved by Congress in late February. The text establishes that states, municipalities and private entities can negotiate vaccines, but in the case of the latter, the requirement is that any purchase must be donated 100% to the SUS until all groups established as priority in the country. After that limit, 50% of the doses will still have to be donated.
Today Spanholo also authorized the union to seek the purchase of vaccines, but informs that the entity that does so will have to assume the risks derived from the acquisition process and will not be able to resell the vaccines in the country.
With more than 300,000 deaths from covid, Brazil has so far vaccinated 13.3 million people with the first dose – equivalent to 6.32% of the country’s population – and 4.4 million with two doses. (2.09% of Brazilians).
Party makes criminal news against businessmen
The leader of the Brazilian Socialist Party in the Chamber, Deputy Danilo Cabral (PSB-PE), filed a criminal complaint in court against the group of businessmen from Belo Horizonte.
In addition to Cabral, the deputy Lídice da Mata (PSB-BA) and the deputies Denis Bezerra (PSB-CE), Ricardo Silva (PSB-SP), Camilo Capibaribe (PSB-AP) and Milton Coelho (PSB-PE) signed the petition. ).
* With information from Reuters and Estadão.
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