The AGU (Attorney-General of the Union) appealed and asked Minister Luís Roberto Barroso, of the STF (Supreme Federal Court), to revoke the decision to require a vaccination passport for people arriving in Brazil by air.
The body responsible for the judicial defense of the government requests that “Brazilians and foreigners residing in Brazil may return to the country if they do not carry proof of immunization, provided they comply with the quarantine”.
The AGU also asks Barroso to clarify the scope of his decision. The magistrate established that quarantine as an alternative to vaccination can only be required in exceptional cases: for those who did not take the vaccine for medical reasons or came from a country where there is proven to be no immunizing agent available.
The appeal is signed by the Union’s attorney general, Bruno Bianco, who is very close to President Jair Bolsonaro (PL).
The agency also asks that the entry into the country be accepted of people who comply with quarantine and present proof that they contracted Covid-19 and were cured of the disease.
“It is a form of certifying the immunological condition of people that is accepted in several countries to enable the circulation of unvaccinated people,” he said.
The AGU also classifies the decision as exaggerated.
“Apparently, however, this entry restriction imposes a disproportionate burden on Brazilian citizens from abroad and also on foreigners residing in Brazil – expressly protected by the wording of Article 5, caput, of the Constitution – preventing them from returning to the country of home,” he said.
And he adds: “This is a way of preventing Brazilians and foreigners who have not yet been immunized from being subjected to excessively harsh legal treatment, seeking – like other countries in the world – a reflective balance between the need to control the pandemic and the effectiveness of the fundamental right to movement”.
The AGU also requires Barroso to correct “material errors” in his decision in reference to articles in the ordinance dealing with the topic that are in effect.
Barroso’s decision will be submitted to judgment in the STF’s virtual plenary from Wednesday (15) to Thursday (16).
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