With the vaccine in sight, STF and STJ try to jump the line and be above the deadly – 12/23/2020



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The President of the Republic has already warned that there will not be enough doses to immunize all Brazilians for covid-19 in 2021. Of course, he did not confess that the fault of this is his own incompetence. That is what we have for today. After all, there is a Messiah in power who says he doesn’t do miracles, but he doesn’t know how to rule either.

This causes problems as we get closer to the start of vaccination.

Faced with the shortage, what did the Federal Supreme Court and the Superior Court of Justice do? They consulted the Oswaldo Cruz Foundation, the institution in charge of manufacturing the vaccine developed by the University of Oxford and the AstraZeneca laboratory in the country, to see if it was possible to “reserve” doses of the immunizer for their ministers and servers.

Like Jupiter and Saturn in the sky, here we have the conjunction of two great worlds creating a strange spectacle.

The lack of credibility of the Bolsonaro government, which presented a fragile national immunization plan and was absent in the vaccine procurement process, responds to the sentiment of a part of the Judiciary that believes that everyone is equal before the law, except the magistrates . and its teams, which are above it.

According to a report by Matheus Teixeira, from Folha de S.Paulo, the STF told Fiocruz that its reservation request was aimed at immunizing its people and “contributing to the country at such a critical moment in our history.” Basically, the STF argued that immunizing its servers alone would free up the public structure for the rest of the population.

The STJ made a similar request to Fiocruz, according to the Radar Economico column of the magazine Veja, to immunize magistrates, active and inactive public officials, dependents, interns and subcontractors of the STJ and the Federal Council of Justice (CJF). He said the reservation is due to the “expectation of great demand from the private network, when there is availability” to purchase the vaccine.

Questioned by the press, the STF and the STJ stated that they do not intend to obtain “priority” and “preference” in relation to the rest of society. The use of these words is not random. Members of the São Paulo Public Ministry had requested priority for vaccination, as revealed by the newspaper Brasil de Fato, and carried out a barrage of criticism from an outraged population with linebreakers.

Furthermore, the justifications given by the STF and the STJ collide with reality.

At some point, companies will find vaccines on the market, which will charge a much higher price than contracts with governments. This is less likely to start with the vaccines produced by Fiocruz and the Butantan Institute (Coronavac, developed by China’s Sinovac), which have massive agreements with governments. Maybe with Pfeizer or Moderna. It does not make sense, therefore, for public agencies to immunize public officials, paying higher amounts, with resources from the population, rather than the population.

In addition, employees of these institutions who are over 60 years old, have illnesses that make them more vulnerable to coronavirus and are health professionals will be vaccinated along with the priority groups listed in the first phases of the National Vaccination Plan against Covid-19 . . The rest, in theory, will have to wait with the rest of the population.

What do the courts want with the “vaccine reserve”? Do you receive the quota for all of your servers under the “promise” of applying it gradually? Bringing a new batch to the door of Fiocruz with respect to the number of servers that are part of a new phase of vaccination phase after phase? Not only is it impractical, it borders on the absurd.

What would happen if companies, social organizations, football teams, shooting clubs, churches, spiritist and terreiros centers, basket and trick collectives, motorcyclists’ unions and scout groups began to make the same request, assuming their own vaccination ? If we are all equal before the law, there would be no reason to deprive them of this, would there?

The requests from the members of STF, STJ and MP-SP are a small sample of what should happen in the coming months when vaccination begins. A part of the wealthiest must buy and apply vaccines at exorbitant prices. But a never before seen amount of “wallets” of the most diverse authorities is expected with the aim of getting ahead in the public vaccination line under the most disparate arguments.

Similarly, we can expect a “Attestation Party”, with healthy people buying medical statements that have comorbidities that guarantee you two doses of tranquility before your turn.

This would already happen under an organized and credible government. However, despite having one of the best public immunization systems in the world, belonging to SUS, the Bolsonaro administration, like a Midas from the inside out, manages to turn everything it touches into a tragedy. This situation makes the population feel insecure, that they are not sure if their government will be able to carry out such a war effort. Especially since it has already shown that it is, in fact, an infiltrated agent of the virus.

Fiocruz responded well to the STJ’s demand, specifying that “all production will be destined entirely to the Ministry of Health,” according to Veja magazine. “Unfortunately, Fiocruz does not have the autonomy even to dedicate part of the vaccine production to the immunization of its employees and employees,” said the president of the organ, Nísia Verônica Trindade Lima.

Immunization here will not only be a challenge to ensure the protection of the population against a deadly disease, but also a test for our democracy and the republican principles that, in theory, guide it. How long does the queue take before turning into Swiss cheese in the interests of those in power?

On time: João Otávio Noronha, then president of the Superior Court of Justice (STJ), denied, on July 23, a precautionary measure for a collective habeas corpus remedy that would be transferred to elderly or immunocompromised provisional detainees, therefore, they have a increased risk of contracting coronavirus. He had granted the benefit to Fabrício Queiroz, a former adviser to Flávio Bolsonaro, on the grounds that he was at risk due to cancer treatment. His wife, Marcia Aguiar, who ran away after his arrest was ordered, also benefited from the argument that she needed to take care of him.

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