Brazil’s Supreme Court Upholds Mandatory Covid-19 Vaccination Programs

Brazil’s top court made news recently when it approved mandatory vaccinations to fight the Coronavirus pandemic. In a stunning legal decision, ten out of the eleven justices voted to uphold Law 13.979/2020, which was passed by Congress in February of last year. This despite significant opposition from religious rights advocates.

While the justices acknowledged the complexity of the issue, they ultimately concluded that they must balance the individual liberties enshrined in the federal constitution with the collective good. They found that there are some extraordinary situations that require the government to protect the health and wellbeing of society as a whole.

The decision doesn’t give the government carte blanche to vaccinate however and whenever it would like. There are limits. For example, only approved healthcare practitioners can give vaccinations. Also, it’s up to the federal government, states, and municipalities to design and implement the vaccination program.

The court, however, made one thing clear. Just because mandatory vaccination is constitutional, it doesn’t mean that the government can force citizens to get vaccinated. Instead, it can enforce restrictive measures to encourage vaccination and achieve the desired result indirectly. Imposing fines, preventing entry to certain locations, and prohibiting access to schools are all measures deemed constitutional by the court.

What’s left to see is how Brazil will manage to implement the decision. Like in the US, the virus is raging in Brazil and society is split over how best to curve the spread. Only time will tell if this decision ultimately serves its purpose.