A obrigatoriedade da vacinação contra a covid-19 e as medidas coercitivas para aqueles que se recusam: há limites jurídicos para o uso de tais medidas?

Abstract

Scientific data show that vaccination has been the most effective method to combat Covid-19. However, part of the population has refused to receive it. Several regulations were issued restricting the right of those who chose not to be vaccinated. The Federal Supreme Court, in its role of giving meaning and unity to the law, signed the binding understanding that vaccination is mandatory, but without the use of force. The pressure has to be indirect (indirect coercion). From then on, there is a ban on non-vaccinated people from going to private and public places, from using planes, ships, trains, subways, etc. In addition, there are regulations that prohibit accessing the workplace. The conclusion is that, by weighing the values under debate, attentive to the economic costs invested by the State in the permanent fight, attentive to scientific data on low cases of side effects in vaccination, which are adequate, legitimate and proportional to the legal restrictions imposed. A Democratic State is not a State that allows absolute freedom, but that demands cooperation from everyone in order to face a common “enemy”.