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

Author(s)

Wang, Daniel Wei Liang ^[1] ; Moribe, Gabriela ^[1] ; Arruda, ; M., Ana Luiza Gajardoni De

Affiliation

^[1] Fundacao Getulio Vargas Law Sch, Sao Paulo - Brazil

• Document type: Journal article
• Source: Health and Human Rights; v. 23, n. 1, p. 163-174, JUN 2021.
• Web of Science Citations: 0

Abstract

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 Opportunities: Regular Research Grants
• FAPESP's process: 20/00463-4 - Judicial and legislative constitutional review: constitutional dialogues
• Grantee: Ana Luiza Gajardoni de Mattos Arruda
• Support Opportunities: Scholarships in Brazil - Master