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(Reference retrieved automatically from Web of Science through information on FAPESP grant and its corresponding number as mentioned in the publication by the authors.)

Is Mandatory Vaccination for COVID-19 Constitutional under Brazilian Law?

Wang, Daniel Wei Liang [1] ; Moribe, Gabriela [1] ; Arruda, ; M., Ana Luiza Gajardoni De
Total Authors: 4
[1] Fundacao Getulio Vargas Law Sch, Sao Paulo - Brazil
Total Affiliations: 1
Document type: Journal article
Source: Health and Human Rights; v. 23, n. 1, p. 163-174, JUN 2021.
Web of Science Citations: 0

Mandatory vaccination for COVID-19 has been the object of heated debate in Brazil. This article discusses the legality and constitutionality of such a policy. First, it analyzes the laws, regulations, and Supreme Court decisions that provide for the possibility of mandatory COVID-19 vaccination. Subsequently, it analyzes the constitutionality of a mandatory vaccination policy through the proportionality method to address the conflict between, on one side, the right to individual autonomy, which includes the right to refuse a medical intervention, and, on the other, health policies that interfere with individual autonomy to protect the rights to life and health. The application of this method allows for the identification of key questions that need to be answered to determine the constitutionality of a mandatory vaccination program. These questions cannot be answered a priori and in the abstract because they depend on the concrete circumstances of the pandemic, on the characteristics of the vaccine(s) against COVID-19, and on how a mandatory vaccination policy might be designed and implemented by authorities. (AU)

FAPESP's process: 19/15565-0 - Courts and priority-setting in health care: requiring, controlling, limiting and circumventing health technology assessment via adjudication
Grantee:Daniel Wei Liang Wang
Support type: Regular Research Grants
FAPESP's process: 20/00463-4 - Judicial and legislative constitutional review: constitutional dialogues
Grantee:Ana Luiza Gajardoni de Mattos Arruda
Support type: Scholarships in Brazil - Master