The president of Conass (National Council of Health Secretaries), Carlos Lula, said he supports the preliminary decision of Minister Luís Roberto Barroso, of the STF (Supreme Federal Court), to force the collection of the vaccine passport for entry into Brazil.
“The decision is correct, a pity that it was taken once again by the Judiciary. It dialogues with the necessary reciprocity between nations. The certificate is required from Brazilians in other countries,” said Lula, who is also head of the health portfolio in Maranhão .
The measure goes against the government of President Jair Bolsonaro (PL), which had decided that unvaccinated travelers should only serve a five-day quarantine to enter Brazil on international flights.
The government rule for land borders was looser, allowing entry of unvaccinated people who had a negative Covid-19 test.
“The preliminary decision is correct from an epidemiological, legal and political point of view. We expect the Ministry of Health to take measures immediately to comply with the order,” Lula said.
By Barroso’s decision, anticipated by Mônica Bergamo’s column, only passengers who prove medical reasons and those who come from a country where there is proven no vaccine available or for exceptional humanitarian reasons will be exempted from presenting proof of immunization.
The measure takes effect after all the bodies involved are notified, which should take place next Monday (13). In addition, Barroso forwarded the case to the STF Presidency for inclusion of the matter on the plenary’s judgment agenda, in the virtual modality (written votes), on an urgent basis.
The vice president of the court, Minister Rosa Weber, marked the beginning of the trial at 0:00 on Wednesday (15) and conclusion at 23:59 on Thursday (16).
Politicians and pre-candidates for the Presidency of the Republic also commemorate Barroso’s decision.
“We have to protect Brazilians. The Minister’s decision is right,” the governor of São Paulo, João Doria (PSDB) said on Twitter.
Covid’s vice president of CPI, Randolfe Rodrigues (Rede-AP), called the decision a victory in honor of victims of the coronavirus.
“Each victory we achieve over those who think it is better to die than prove vaccination is in honor of the more than 616,000 lives we lost to Covid-19 and to this irresponsible government!” he said.
Among the deputies, the leader of the minority in the Chamber, Marcelo Freixo (PSB), declared that Barroso’s attitude was correct. “Congratulations to Minister Barroso, who determined the requirement of proof of vaccination for anyone who wants to enter our country. Correct decision given the irresponsible omission of the Bolsonaro government, which is not committed to protecting the lives of Brazilians,” said Freixo.
Former Justice Minister of the Bolsonaro government and pre-candidate for Planalto, Sergio Moro (Podemos), praised the decision in a video. “I’m at the airport, embarking abroad and I was required to provide proof of vaccination against the virus, in addition to the negative test. Countries abroad are demanding this proof from Brazilians. It is reciprocity and a way to protect Brazilians against the new variants of Covid-19,” said Moro.
Supporters of President Jair Bolsonaro criticized Barroso.
Deputy Bia Kicis (PSL-DF), president of the CCJ (Committee on Constitution and Justice) of the Chamber, said that the decision “is just another intrusion into politics by those who did not have a single vote to govern”. “What he calls an omission is the political choice of those elected to govern,” he wrote on Twitter.
Alê Silva (PSL-MG), who is also a member of the Poconarist base in the Chamber, took the opportunity to criticize Moro’s statement in support of the document’s demand. “Zero surprise,” he wrote when commenting on the former minister’s speech.
Also on the social network, the law professor and columnist at leaf Thiago Amparo stated that the STF is competent to demand the vaccination passport.
“Can Barroso determine a vaccine passport? Yes, it’s the rice and beans of the STF. The Federal Constitution determines the state’s duty in health; the same FC says that the judiciary cannot evade rights in the face of injury; vaccine is the only effective control, therefore it is not a discretionary option; hence the decision,” he wrote.
When contacted, the Planalto asked to forward the questions to the Ministry of Health, but the ministry headed by Marcelo Queiroga did not respond.
Anvisa also did not manifest itself until the publication of this text. Agency technicians are still evaluating the impacts of Barroso’s decision, the leaf.
Minister Bruno Bianco (Attorney General of the Union) stated that he is still analyzing the decision.
Barroso’s decision partially responds to a request from the Rede Sustentabilidade party, which accuses the president of the Republic of omission and denial.
The federal government had requested the rejection of the party’s request, claiming that it inaugurated, in an ordinance published on Thursday (9), a new public policy on border control. This is because in this text, the Bolsonaro administration started to charge travelers vaccination certificates, in addition to the isolation period for those who were not vaccinated.
The AGU (Attorney General of the Union) also said that this policy is formulated based on the Executive’s judgment of opportunity and convenience, and it is not up to the Judiciary to substitute the Union’s political and discretionary judgment for its own preferences.
In the initial plans, charging for the certificate or quarantine would take effect this Saturday (11), but the rules were postponed to the 18th due to a hacker attack on the Ministry of Health.
“This is not about that,” stated Barroso, about the action of the Network that questions the inter-ministerial ordinance.
According to the magistrate, “the opportunity and convenience of the Executive’s border policies is not evaluated, but rather to examine their constitutionality, in light of the population’s rights to life and health and the State’s duty to protect them”.
“This decision does not involve a judgment on the political preferences of the Judiciary, but an assessment of the compatibility of the measures adopted by the Executive with respect for such rights, in view of a pandemic that has already killed more than 600,000 Brazilians and the existence of authorities denying its gravity,” said the Supreme Minister.
The magistrate stated that there is a broad and consolidated jurisprudence in the Supreme Court that recognizes the jurisdiction of the Judiciary for this purpose and establishes firm criteria for its performance.
He also said that the court’s jurisprudence determines that health measures must comply with scientific and technical standards and criteria established by internationally and nationally recognized organizations and entities.
They should also consider, he added, “best practices from other countries facing a similar problem.”
Bolsonaro has positioned himself against the obligation of the document and has even compared it to a collar. This Saturday (11), the president said that the best measure would be just to charge a PCR test.
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