Obrigatoriedade da vacinação no Brasil: uma análise acerca dos limites entre os direitos individuais e coletivos em colisão

Abstract

The mandatory vaccination is a public policy adopted by the state that covers the entire history of the coping measures used by the state, in the face of epidemic situations. Because of this, an analysis of the history of vaccination policies was essential for a better understanding of both the state posture and the posture of individuals, as well as the collectivity, in the face of public measures to combat the Covid-19 virus, which is why which it was essential, for this, to analyze the fundamental rights in conflict when adopting such policies, in addition to the methods of solving these conflicts used by the judiciary when judging specific cases. In this sense, it was questioned as the main focus of this research how the balance between individual and collective rights that collide when analyzing the mandatory vaccination. For this, the deductive method was used, since it started from the scope of the historical context in order to reach a better delimitation of the historical aspects involved in such public policies. In addition, this research is descriptive because it sought to describe the social phenomena that have developed in the course of Brazilian history, in the face of state coercive measures, such as the “Vaccine Revolt” and more currently the anti-vaccine movements linked to Covid-19. In addition, exploratory research was used through the jurisprudential search that was made regarding the decisions of the STF on the mandatory vaccination of Covid-19. In this sense, for a better elucidation of the theme, it was necessary to review books, articles, laws, decrees and other state documents as a way of supporting the work. In this way, after the analyses, the research was divided into three chapters, the first being aimed at discussing the vaccination policy, the second on fundamental rights and the third makes an approach in relation to the criteria for weighing in an eventual collision between individual and collective rights.