THE MANDATORY VACCINATION AND FUNDAMENTAL RIGHTS: AN ANALYSIS OF THE BRAZILIAN LEGAL ORDER AND THE UNDERSTANDING OF THE SUPREME FEDERAL COURT

Abstract

This article proposes to analyze the compatibility of the mandatory vaccination requirement by Federal Law No. 13,979 / 2020 with the Democratic Rule of Law paradigm. To do so, we will go through the factual context that led to this demand, which began in the 19th century, intensified with the smallpox pandemic in 1904 in Rio de Janeiro / RJ and became the subject of debate with the advent of the Covidean pandemic. 19. In light of this perspective, the decision handed down by the Supreme Federal Court in direct actions of unconstitutionality no. 6,586 and 6,587 will be analyzed, which put into question the (un) constitutionality of mandatory vaccination. Thus, using bibliographic research as a methodology, under a dialectical approach, we will conclude, without exhausting the studies on the theme, that it is compatible with the paradigm of the Democratic State of Law the application of indirect coercive measures in order to guarantee the obligation of vaccination against Covid-19, once means the promotion of the fundamental right to health and, consequently, of human dignity. It is also suggested the adoption of measures to encourage vaccination, in order to further corroborate mass vaccination and even promote public policies to alleviate the negative consequences of the pandemic in the financial market.