Delay in Covid-19 vaccination in Brazil: Failure to comply with the fundamental right to health of the most vulnerable Ana Paula Mascaro José, Amélia Cohn

Abstract

This text treats the violation of human and fundamental rights through the Federal Government's refusal of vaccine offers by the Butantan Institute at the height of the pandemic. The Federal Government's inertia (management started in 2019) regarding Brazil's expertise in vaccine coverage is analyzed in light of criminal liability for omission and non-compliance with the duty to establish Covid-19 control mechanisms and emergency strategies to prevent the spread of SARS-CoV-2 of human repercussion provided for in Law 8.080/90. The methodology used is the empirical and deductive approach, in a cosmovision of the principles and guidelines of human rights, based on a bibliographic and documental survey of international instruments, doctrines, scientific articles, constitutional and infra-constitutional legislation. The objective is to demonstrate the non-immunization of the vulnerable population resulting from the refusal of vaccination against Covid19 as a violation of a fundamental right that should be promoted by the State to control and prevent the national spread. The text analyzes immunization by vaccines as a health promotion mechanism and its status as an existential minimum, a primary and essential element to be provided in an understanding of the right to life and the dignity of the human person as a constitutional principle, that garantees the right of citizens to health and criminal responsibility for the omission of the Head of State for the refusal to offer vaccines by the Butantan Institute.