Mandatory vaccination as a legal duty due to fundamental right to health

• Autor(a) principal: Resende, José Renato Venâncio
• Data de Publicação: 2020
• Outros Autores: Alves, Cândice Lisbôa
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/69582
• topic: Direito. Direito Constitucional. Direitos Fundamentais.; Vacinação obrigatória. Deveres fundamentais. Direitos fundamentais. Direito fundamental à saúde.; Law.; Mandatory Vaccination. Fundamental duties. Fundamental rights. Fundamental right to health.

In Brazil, vaccination against certain diseases has been compulsory since 1975, in accordance with the rules of the Ministry of Health, except only for cases of express medical contraindication. Historically, the issue has already caused great popular dissatisfaction and, today, there are growing movements that resist the obligation to be vaccinated, even if against the law. Thus, it is considered important that this issue is analyzed in the light of fundamental rights, especially the right to health. In this sense, the article is willing to investigate mandatory vaccination, seeking its identification as a fundamental right and/or legal duty. The hypothesis is that the fulfillment of such a duty as well as the aforementioned limitation are necessary for the right to (public) health to be realized. The objective of the research, in turn, is to better understand the intersection between fundamental rights and duties and, in the case of public health, how these impose mandatory immunization on the population. The research is theoretical, applying the hypothetico-deductive approach and, to the procedure, the bibliographic method. In the end, the work hypothesis was confirmed, raised in the sense that vaccination is mandatory as a prerequisite for the realization of everyone’s right to health.