VACCINATION OF CHILDREN BY COVID-19: OBLIGATION OR FACULTY OF PARENTS TO SUBMIT THEIR CHILDREN?

• DOI: https://doi.org/10.22533/at.ed.1595162524034

• Palavras-chave: right to health; compulsory vaccination of children and adolescents; legal consequences.

• Keywords: right to health; compulsory vaccination of children and adolescents; legal consequences.

• Abstract:

  The aim of this research is to address the right to mandatory vaccination against COVID-19 for children and adolescents, provided for in Brazilian constitutional law, from a civil perspective. It highlights to the legal community and other interested citizens whether it is possible or obligatory for children to be vaccinated. It discusses the fundamental social right to children's health, as well as family power and its limits in relation to the immunization of underage children, emphasizing the principles inherent in the subject. The role of the Guardianship Council, the Public Prosecutor's Office and the Judiciary in securing the right to vaccination for children will be studied and analyzed, as well as the legal consequences for parents or guardians when they choose, by their personal judgment, not to vaccinate their minor children or their guardians. Throughout the work, judicial decisions on the subject of the research will be analyzed, and it should be noted that the Inductive Method was used in the Research Phase, the Cartesian Method in the Data Processing Phase, and the Report of the Results expressed is composed on the basis of inductive logic. The Referent, Category, Operational Concept and Bibliographic Research techniques were used in the various phases of the research.