A responsabilidade civil parental pela não vacinação dos filhos como instrumento de efetivação do direito fundamental à saúde

Abstract

The civil liability of parents for failing to vaccinate their children is the subject of this study, which examines the unjustified refusal of childhood immunization as a violation of the fundamental rights to health and life of children and adolescents. The study aims to analyze the legal possibility of imposing civil liability on parents who fail to comply with the legal duty of vaccination, in light of the Federal Constitution of 1988, the Child and Adolescent Statute, and the Civil Code, based on the doctrine of comprehensive protection and the principle of the best interests of the child. A deductive method is adopted, using bibliographic research and normative analysis. It is found that the exercise of parental authority is not absolute, being conditioned upon the fulfillment of legal duties aimed at the comprehensive protection of children, especially in view of their particular condition of development. Childhood vaccination proves to be an essential instrument for the realization of the fundamental right to health, such that its omission constitutes negligent and unlawful conduct, capable of giving rise to subjective civil liability. The results indicate the possibility of combining civil liability with other legal instruments, such as anticipatory relief, coercive fines, and, exceptionally, measures of a family law nature. It is concluded that parental civil liability performs a preventive and protective function, contributing to the effective realization of the fundamental rights of children and adolescents.