Relational Autonomy and Personal Autonomy Regarding the Mandatory Vaccination of Covid-19: a review of the decisions of the Federal Supreme Court

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Keywords

Autonomia Relacional. Autonomia Pessoal. Decisões Judiciais. Vacinação Obrigatória. Autonomía Relacional. Autonomía Personal. Decisiones Judiciales. Vacunación Obligatoria. Relational Autonomy. Personal Autonomy. Judicial Decisions. Obligatory Vaccination.

How to Cite

SANTANA DO CARMO FILHO, M. . M., & Montagner, M. I. . (2024). Relational Autonomy and Personal Autonomy Regarding the Mandatory Vaccination of Covid-19: a review of the decisions of the Federal Supreme Court. Tempus – Actas De Saúde Coletiva, 17(4), 210–227. https://doi.org/10.18569/tempus.v17i4.3165

Abstract

Objective: to discuss whether relational autonomy should prevail over personal autonomy, in relation to mandatory vaccination, according to decisions of the Federal Supreme Court. Methods: this a retrospective documentary investigation, based on judicial decisions handed down by the Federal Supreme Court (STF). Based on the use of the defined criteria, four decisions related to mandatory vaccination were presented. Results: it was observed that during the pandemic period collective autonomy was threatened, mainly about vaccination against Covid-19. Several principles were invoked to adduce the collective right. The system of checks and balances was essential to ensure the balance between the constituent powers. Conclusion: relational autonomy guarantees the universality of rights and mandatory vaccination is legitimate to ensure fundamental guarantees.

https://doi.org/10.18569/tempus.v17i4.3165
PDF (Português (Brasil))