Omissão dos genitores em relação à recusa de vacinar os filhos: análise de uma ação civil pública ajuizada pelo Ministério Público do Estado de Santa Catarina

• Autor(a) principal: Medeiros, Larissa Oliveira de
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5445
• topic: Ação civil pública; Ministério público; Vacinas

The present monographic work aims to analyze the foundations of the public civil action n. 08.2017.00358074-5 filed by the Public Prosecution Service of Santa Catarina, before the First Public Prosecutor's Office of the Garopaba District, due to the omission of the parents regarding the refusal to vaccinate their children as a preventive health measure. In order to do this, the following research methods were adopted: the level of the research was exploratory, as for the method, the research is qualitative, as for the data collection procedure, the research is documentary, bibliographical and case study, considering that the object of the analysis is a specific case, which is a public civil action. This study corroborated the importance and legitimacy of the Public Prosecution Service in the cases of omission of the parents, analyzing what measures were adopted for the enforcement of this right. The ministerial body worked with the objective of applying vaccines to children, even against the will of parents, in order to ensure the right to life and health of minors and the whole community. Vaccination is mandatory in children and adolescents, as provided in the Statute of the Child and Adolescent, with the duty to follow the provisions of the vaccination booklet proposed by the Ministry of Health, in order to prevent various fatal diseases. It was concluded that, by analyzing the reasoning, the main foundation being the protection of the right to life and health, both for minors and society, the Public Prosecutor's Office has been acting strongly in the defense of individual right and collective right, acting with legitimacy in this case, fulfilling its role as the body responsible for defending the legal order, the democratic regime and the unavailable social and individual interests, guaranteeing through public civil action the right of minors ensured.