Brazil’s Supreme Court Decides Covid-19 Vaccine Can Be Compulsory

RIO DE JANEIRO, BRAZIL – The Federal Supreme Court (STF) justices decided on Thursday that vaccination against Covid-19 can be made compulsory in the country.

By ten votes to one, the STF considered that vaccination is mandatory “but not forced,” because, according to the Court’s perspective, the individual decision of each individual should not override the collective health of the country as a whole.

In practice, this means that no one will be forced or coerced into being immunized, but could suffer restrictive measures under laws introduced by federal, state and municipal governments, should they fail to comply. These restrictions may include a ban on traveling or attending certain public venues, such as schools.

The Supreme Court’s decision represents a defeat for President Jair Bolsonaro, who has often publicly declared that he is against compulsory vaccination.

On Tuesday, during an interview, Bolsonaro stated that “As a citizen it is one thing, and as president it is another. But as I never ran away from the truth, I say: I will not be vaccinated. If anyone thinks that my life is at risk, the problem is mine and that’s it.”

Bolsonaro will also not take part in campaigns to encourage the population to be immunized against the novel coronavirus, according to Minister of Health Eduardo Pazuello – a position contrary to that of several world leaders, such as U.S. President-elect Joe Biden, who should be immunized next week, or the UK’s Queen Elizabeth.

“About the president being a volunteer or not, I think it’s the same approach: he is emphasizing willingness rather than obligation. It’s a point of view,” the Minister said during a Senate session on Thursday.

The President has also been championing the requirement for a consent form, to be signed by people administered emergency vaccines that have been authorized. However, Chamber of Deputies president Rodrigo Maia said he will not include such consent form in the vote on the Provisional Measure authorizing Brazil to join the global consortium led by the World Health Organization providing access to vaccines at lower prices.

“The report will not include this setback in the Provisional Measure. Let it be included by government amendment, not by a party in the Chamber’s presidency. Let the government try to succeed in the Plenary,” said Maia.

Maia also referred to Bolsonaro’s decision not to be immunized as “unfortunate”. “While he fights over the topic, thousands of Brazilians are being infected and hundreds are losing their lives. He is handling such a serious matter in such an irresponsible way, but I have faith that he will understand his role and manage not to wage an ideological war and meet the desires of Brazilian society,” criticized the legislator.

The opposition welcomed the STF decision. Former Minister of Health and Federal Deputy Alexandre Padilha (Workers’ Party – PT) stressed that the vaccine is not individual but rather collective protection. “Those vaccinated are protecting themselves, their parents, their children, their co-workers, their peers in the world,” he said on Twitter.

Federal Deputy Marcelo Freixo (Socialism and Liberty Party – PSOL) considered the decision important after Bolsonaro publicly criticized the vaccine. “We will only beat Covid-19 if we fight together and think about one another. Taking care of oneself is taking care of everyone,” he wrote.

Triple judgment

The STF judgment was based on two lawsuits brought by political parties – the PDT (Democratic Labor Party) and the PTB (Brazilian Labor Party). In the first, Justices were debating whether states and municipalities had jurisdiction to decide on compulsory vaccination during the pandemic. In the second, the PTB, an allied party to Bolsonaro, called on the Supreme Court to declare compulsory vaccination unconstitutional.

The Supreme Court decided to confirm the first argument and reject the second. A third lawsuit was also considered on the issue, which debated whether the State could compel parents to vaccinate their children, despite philosophical, religious, moral and existential objections. The decision in this case was also in favor of compulsory vaccination.

During the voting session, the justices recalled the obligation to vote, where voters are not coerced to attend the ballot, but may suffer sanctions should they fail to fulfill their electoral duty. They further said that there is no freedom in the absence of proper public health conditions.

Justices Ricardo Lewandowski, rapporteur for the case, and Justices Luis Roberto Barroso, Alexandre de Moraes, Edson Fachin, Rosa Weber, Dias Toffoli, Cármen Lúcia, Gilmar Mendes, Marco Aurélio Mello, and Luiz Fux voted in favor of compulsory vaccination.

The only partially dissenting vote came from Justice Kassio Nunes Marques, President Bolsonaro’s recent appointee. He accepted the possibility of restricting activities to those who are not immunized, but said the measure should be dependent on federal government approval, through the Ministry of Health.

Quick importation of vaccines

Lewandowski also ruled on an injunction regarding vaccines on Thursday evening, determining that mayors and governors may directly import vaccines in case the National Health Regulatory Agency (ANVISA) fails to approve, within 72 hours, the use of vaccines already registered with other international regulatory agencies.

Vaccines authorized by at least one of the health agencies referred to by the law – European Union, United States, Japan or China – and distributed commercially in the respective countries may be purchased by local governments, should the national vaccination plan not be fulfilled or if “it fails to provide timely and sufficient immunological coverage against the disease,” according to the Justice.

The decision comes amid criticism of alleged inertia on the part of the federal government and suspicions of politicization in the regulatory agency.

On Thursday, despite the flood of criticism in recent weeks for the delay in presenting Brazil’s vaccination strategy against Covid-19, Pazuello said that Brazil is at the forefront in the world with its planning “despite countries like the United Kingdom, the United States and Russia having already begun their national vaccination programs.”

According to the Minister, Brazil could be provided with 24.7 million doses of AstraZeneca, Pfizer and Sinovac vaccines in January, should these immunizers be endorsed by ANVISA and meet the delivery schedule established in Memoranda of Understanding. So far, the Government has only signed a contract for the purchase of doses with AstraZeneca. Considering these three vaccines, the projection is to reach 93.4 million doses by March – which would vaccinate a little over 42 million people, considering the need for two doses per person and the losses due to potential logistical issues.

“We are not being run over, we are at the forefront,” said Pazuello, one day after officially presenting the operational vaccination plan for Brazil.

The document already included the intent to purchase Coronavac – a vaccine developed by the Chinese Sinovac laboratory with a production partnership with the Butantan Institute, linked to the São Paulo Government – but it failed to specify a schedule with the amount of expected doses. The Minister says that the campaign may start in January, if there is ANVISA registration and if laboratories are able to deliver the agreed doses.

A Provisional Measure was published in the Federal Gazette on Thursday earmarking R$20 billion for the purchase of vaccines, supplies such as needles and syringes, and to fund the vaccination campaign.

Source: El Pais