Vacinação compulsória: entre a liberdade individual e a saúde pública

Abstract

The research critically analyzes the possibility of instituting obligatory vaccinations, related to the COVID-19 pandemic and emphasizing the rights of the people, fundamentally. Based on the fundamental laws in Brazil including the understanding of health as an individual right, the constitutional correction of choices were considered by the Supreme Federal Judgment of the Direct Action of Unconstitutionality no 6.586/DF. Methodology, based on qualitative bibliographic research, expressed a critical-reflexive bias, emphasizing the jurisprudence of the STF, in regards to the vaccination being optional. General population health prevention is the alternative provoked by the best pandemic of a disease with high health, general population health prevention and the compulsory alternative of fundamental public health protection while the public health protection dimension is fundamental freedom individual.Faced with the emergency scenario caused by the pandemic of a disease with high lethality, the preventive demand for general and compulsory vaccination of the population is the alternative that best materializes the protection of collective health, as a trans-individual dimension of the fundamental right to health, legitimizing the weighted restriction of the individual freedom.