The Minister of Education, Milton Ribeiro, published an opinion that says it is not possible to demand proof of vaccination at universities and federal institutes. The document further establishes that the requirement can only occur if there is a federal law on the matter.
The opinion was requested by the MEC at the end of October to the AGU (General Attorney of the Union) and CGU (General Comptroller of the Union).
Some federal universities have already approved the requirement of proof of vaccination for students and professors, and others are studying the measure for the beginning of the next academic year.
President Jair Bolsonaro (PL) is against vaccination, so he tries to prevent the requirement for proof. “You’ve never seen the federal government force you to take a vaccine. And you’re not even going to see the federal government demand a vaccination passport,” he said.
According to the document published by the minister in the Official Gazette of the Union this Wednesday (29), federal educational institutions cannot demand proof as a condition for the return of in-person educational activities. It says that they are only responsible for the “implementation of health protocols”.
It also says that a passport can only be required by law, and that this must be established by the federal government.
In October, the MEC legal team published a document in which it argued that there was a decision by the STF (Supreme Federal Court) establishing that the conviction to immunize against Covid-19 must respect “the fundamental rights of people” and “the criteria of reasonableness and proportionality”.
The UFG (Federal University of Goiás) and the IFRS (Federal Institute of Rio Grande do Sul), for example, had already defined the requirement of proof for in-person return. Other universities, such as UnB and UFSM (federal of Santa Maria), consulted the ministry about the possibility of requiring a passport.
Ribeiro is against maintaining remote classes in the country and has already made appeals for universities to resume classroom activities. However, it has not implemented any action to ensure more resources or help to prepare physical spaces to receive students.
For the institutions’ directors, barring the passport requirement is another measure of the federal government that can delay and harm the safe return to school activities.
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