Autonomia individual vs interesse coletivo : reflexões à luz da decisão do STF sobre a compulsoriedade da vacinação contra a COVID-19

Abstract

This paper aims to analyze, regarding the compulsory vaccination against Covid-19, provided in art. 3, III, d, of Law 13979/20, the collision between the principles of individual autonomy and collective interest, expressed between those who refuse vaccination and the interest of the community, since it is a matter of public health. To this end, we initially sought to present the elements that characterize each principle, as well as their status in the Brazilian legal system. Then, the conflict between these principles was unraveled in light of the context of the pandemic. Finally, the grounds of the joint decision rendered by the Federal Supreme Court in the judgment of the Direct Actions of Unconstitutionality nº 6.586 and 6.587, which deals with the mandatory vaccination against COVID-19, were exposed. Through this work, we seek to understand what is the limit established for state intervention, in a Democratic State of Law, in individual autonomy, for the sake of collective interest. To achieve this end, the hypothetical-deductive method will be used, the research will be qualitative and exploratory, using the techniques of documentary research, bibliographical research and analysis of decisions.