Passaporte da vacina : a influência do poder de polícia sobre restrições aos atos da vida civil de pessoas não vacinadas contra a COVID-19 no Brasil

Abstract

It seeks to investigate the possibility of the Public Power restricting the freedom to come and go of people who don’t present the vaccine passport, when it’s requested, because they are not immunized against COVID-19. The applied research methodology has an exploratory and descriptive character, with presentation of qualitative and quantitative analyses. Thus, it’s investigated how the brazilian legal system, through the exercise of the Police Power, authorizes the enforceability of the vaccine passport, as well as the restrictions on the acts of civil life of unvaccinated people in brazilian territory. To this end, an overview is made from the beginning of the pandemic to the present day, in order to understand the severity of the disease, the measures to combat the spread of the new coronavirus and, among them, the legislative measures adopted by Brazil, being the main one the Law 13.979/2020, which provides for the possibility of carrying out compulsory vaccination. In this sense, the constitutionality of compulsory vaccination is evaluated from the perspective of the Supreme Court, the relationship between compulsory vaccination and the enforceability of the vaccine passport is established and, finally, it’s examinated the influence of the Police Power on the legality of the requirement of proof of vaccination.