Brazil’s Senate passes bill implementing ‘vaccine passport’

RIO DE JANEIRO, BRAZIL – The Senate on Thursday, June 10 approved the creation of a vaccination certificate that can be requested to authorize the entry of people into public and private spaces, such as public transportation, hotels and parks.

The document, called the Certificate of Immunization and Health Security (CSS), is inspired by the Digital Green Certificate created by the European Union. The project was supported by the government and the opposition and will now be analyzed by the Chamber of Deputies.

Under the rules, the CSS certificate can be printed or accessed on a digital platform and prove, free of charge, that the person wearing it has tested negative or has already received a vaccine against Covid-19 or other diseases that can cause outbreaks and pandemics in the country.

The proposal specifies that the appropriate authority will define which vaccines and tests will be accepted on the voucher.

It will be left to the federal, state, and local governments to define where presentation of the certificate will be mandatory. In case of adoption of restrictive measures, the holder of the updated CSS cannot be prevented from entering, passing through or using these places as long as he/she complies with the established prophylactic hygiene measures.

The establishments that require the document must display the following notice at the entrance: ‘Access to this place is subject to the presentation of the vaccination and health certificate’.

Through the bill, companies and businesses that comply with the measures may not suffer penalties or restrictions or be prevented from operating, but must comply with other rules established by governments to prevent the spread of the virus.

Senator Veneziano Vital do Rêgo (MDB-PB), who was rapporteur on the bill, said he does not see the proposal as restricting the right to come and go.

“Article 5 of the Federal Constitution legitimizes a law that regulates, with adequate justification, the movement within the national territory of Brazilians and foreigners residing in the country,” he argued.

In the report, he cited the decision of the STF (Supreme Court), released last December, which approved the law that restricts the rights of people who do not want to be vaccinated.

“Vaccinated individuals and those who tested negative for Covid-19 do not pose a high risk for the spread of the virus, provided that the prophylactic measures of social distancing, use of masks and hand hygiene are followed. It is unjustifiable that these people remain isolated, unable to work, study and move,” he defended.

The text also provides that consular missions abroad can mediate the issuance of CSS when it is established the need to present the international vaccination card and/or test for entry into Brazil.

If a fee is charged for the issuance of the document abroad, the project determines that Brazilian students who prove that they are studying, researching, or participating in consulting activities abroad are exempt from payment.

The CSS digital platform will be operated by the federal government in coordination with the states, the federal district, municipalities and accredited public and private health services. It will be up to the federal government to create the budget source to implement the passport.

The bill specifies that there will be civil, administrative and criminal liability for those who produce, use or market false certificates.