A vacinação obrigatória e os direitos fundamentais: uma análise do ordenamento jurídico brasileiro e do entendimento do Supremo Tribunal Federal

Abstract

This article aims to analyze the compatibility of the mandatory vaccination requirement by Federal Law No. 13.979/2020 with the paradigm of the Democratic State of Law. In order to do so, we will go through the factual context that led to this requirement, which began in the 19th century, intensified with the smallpox pandemic in 1904 in Rio de Janeiro/RJ and became a topic of debate with the advent of the Covid-19 pandemic. 19. In view of this perspective, the decision handed down by the Federal Supreme Court in direct actions of unconstitutionality n.º 6,586 and 6,587, which put in debate the (un)constitutionality of mandatory vaccination, will be analyzed. Thus, using the bibliographic research methodology, under a dialectical approach, we will conclude, without exhausting the studies on the subject, that the application of indirect coercive measures is compatible with the paradigm of the Democratic State of Law in order to guarantee the obligation of vaccination against Covid-19, once it means the promotion of the fundamental right to health and, consequently, of human dignity itself. It is also suggested the adoption of measures to encourage vaccination, in order to further corroborate with mass vaccination and even promote public policies to mitigate the negative consequences of the pandemic on the financial market.