Restrição da circulação de pessoas que recusaram a vacina da COVID-19 : a constitucionalidade das medidas que restringem o direito fundamental individual à liberdade em benefício do interesse público e coletivo

Abstract

The pandemic caused by covid-19, a virus that has claimed thousands of lives and unbalanced the social, political and economic environment in several countries. Due to its deadly nature, it is understood that only vaccination was able to mitigate the effects of the coronavirus. Throughout 2020, there has been a race against time to find an effective vaccine through clinical research and multiple trials. At the end of the year, in the midst of political and economic instability, the distribution of vaccines by SUS began. However, a segment of the population has begun to debate the efficacy and effectiveness of distributed vaccines. In addition, discussing and rejecting mandatory vaccination involves defending the right to personal freedom, the individual must be able to choose which interventions he wants to have on his body under the bias of autonomy. In this wake, there was a favorable ground for the debate about the rights and guarantees advocated in the Federal Constitution of 1988, on the one hand, the defenders of this right to freedom disagree with measures taken due to nonvaccination, on the other hand, what majority currents adopt as correct , especially the Federal Supreme Court, in guaranteeing the right to health as a fundamental right, prevailing the balance between freedom and autonomy, collective interests and the guarantee of security as a whole . In this sense, the objective of the research is to present privileges such as the right to health and freedom in the light of existing conflicts, in order to observe the understanding of the balance of these fundamental rights.