A obrigatoriedade do passaporte de vacina contra a COVID-19: uma análise dos direitos individuais e coletivos sob a perspectiva da integridade do direito de Ronald Dworkin.

Abstract

The world lives with a new pandemic that has brought the illness and death of millions of people. So far, the best option to contain the spread of the coronavirus is mass vaccination of the population, aiming at collective immunity. However, some people refuse to take the vaccine, compromising not only their safety, but also that of the whole community. In this context, this article addresses the following problem: can the State require individuals to present a vaccine passport against Covid-19 for access to collective environments? The hypothesis is to affirm that the State must prioritize actions in order to preserve the health of the community and impose measures to achieve this objective. In this way, the individual right in the face of preserving the health of the community may suffer some limitations. The objectives are to: (i) describe the Law as an instrument of social pacification in the face of conflicts that have arisen around vaccination to contain the Covid-19 pandemic; (ii) identify the health protection devices present in the Brazilian legal system; and (iii) to analyze the mandatory vaccination passport against Covid-19 to access collective environments under the prism of the integrity of Dworkin's Law. The study will be based on the theoretical framework of Ronald Dworkin. The research method is hypothetical deductive. The method of procedure will be through a bibliographic review in texts, which address the subject, and it is concluded, from the perspective of the integrity of the Law, that the health passport may be required in order to offer collective protection. and that the State, in its role of promoting social pacification, needs to regulate the health passport as a measure to contain the spread of Covid-19.