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Brazil’s government complies with STF order; vaccine passport required for foreigners

RIO DE JANEIRO, BRAZIL – The federal government on Monday, December 20, published an ordinance requiring all travelers to present proof of vaccination against Covid-19 when entering Brazil. As of now, before boarding, a printed or electronic vaccination card must be presented to the airline operating the flight.

According to the ordinance, all vaccines approved by the Brazilian Health Regulatory Agency (ANVISA), by the World Health Organization (WHO) or by the traveler’s country of origin will be accepted. The federal government demands that the last (or single) vaccine dose should have been administered at least 14 days before departure.

For Brazilians or foreign residents returning to the country, proof of vaccination may be substituted by a 5 to 14 day mandatory quarantine. (photo internet reproduction)

Other ordinance requirements for travelers are the presentation of a negative Covid-19 test within 24 hours before departure (if an antigen) or within 72 hours (if a RT-PCR). Travelers must also complete the traveler’s health declaration (document in which they attest to their health status and agree to comply with sanitary measures) within 24 hours before departure.

People with medical conditions that preclude vaccination or who are not eligible for vaccination due to their age are exempt from presenting a vaccine passport. People traveling for humanitarian reasons, from countries with low vaccination coverage, as defined by the Ministry of Health, or Brazilians and foreigners living in Brazil who are not fully vaccinated, are not required to provide proof of vaccination.

People exempted from presenting a vaccine passport must undergo a 14-day quarantine in Brazil, according to the text. Quarantine can be lifted if the traveler presents a negative RT-PCR test result for Covid-19 from the 5th day of isolation, provided he/she is asymptomatic.

The ordinance was published in compliance with Federal Supreme Court (STF) Justice Luis Roberto Barroso‘s decision, which on December 11 began requiring travelers to present their vaccine passports. After the decision, ANVISA enforced it at all borders. However, the federal government had not yet published an ordinance establishing the rules. The delay in the publication of the text had been causing concern, given President Jair Bolsonaro’s opposition to the vaccine passport.

Barroso’s order is preliminary (provisional). On Wednesday, December 15, in a virtual hearing to discuss the Justice’s decision, the Supreme Court’s plenary formed a majority in favor of a more lenient measure, requiring the vaccine passport only to foreigners living abroad – Brazilians and foreigners residing in Brazil would be exempt from the requirement.

However, on Thursday, Justice Kassio Nunes Marques requested a special opinion and interrupted the trial, which will be resumed only in 2022. Barroso’s individual decision will remain in force in this case.

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