PT, PSOL and Rede sue MPF and STF against Damares’ decision to have an anti-vaccination hotline

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The PT and PSOL benches in the Chamber and the Rede Sustentabilidade party presented to the MPF (Federal Public Ministry) –in the case of parliamentarians– and to the STF (Federal Supreme Court) –in the case of the party– requests for an investigation into the decision of the Ministry of Damares Alves to make Dial 100 available to anti-vaccination people who experience “discrimination”.

The representation of 40 PT deputies was registered with the PFDC (Federal Prosecutor’s Office for Citizens’ Rights), a collegiate body that works within the PGR (Prosecutor General’s Office).

The document is led by deputies Maria do Rosário (RS), former minister of Human Rights, and Gleisi Hoffmann, president of the party.

Senator Humberto Costa (PT-PE) also filed a similar document with the PFDC.​

The eight deputies of the PSOL entered with a representation at the Attorney General’s Office in the DF asking for measures in the civil and criminal spheres.

The representation of the Network was made in the course of an action already underway in the STF, reported by Minister Ricardo Lewandowski, who demands actions from the Jair Bolsonaro (PL) government for the vaccination of the Brazilian population against Covid-19.

All actions in the MPF and STF were filed based on a report published by the leaf this Thursday (27).

The report revealed that the Ministry of Women, Family and Human Rights produced a technical note in which it opposes the vaccination passport and the mandatory vaccination of children against Covid-19.

In the document, the ministry makes Dial 100, the government’s main channel for reporting human rights violations, available to anti-vaccination people who experience “discrimination”.

The technical note was completed on the 19th. It is signed by three secretaries and a director of the folder. Minister Damares Alves endorsed the document and forwarded it to other ministries as of the 21st. Among the recipients of the document are the Ministries of Labor and Social Security and of the Economy.

The PT bench in the Chamber, state deputies, councilors, the National Forum for the Rights of Children and Adolescents and 25 organizations representing civil society endorse the request for an investigation addressed to the PFDC this Friday (28). The understanding is that there is a purpose deviation in the use of Dial 100 established by Damares.

“There are strong indications that the minister and the other signatories of the designated technical note act to satisfy personal interests or feelings against an express provision in law”, they affirm.

The representation of PSOL deputies was brought against Damares, the secretaries and the director of the ministry who signed the technical note. “The note is irresponsible and goes against the scientific studies already done on vaccination”, they say.

The parliamentarians ask for the technical note to be annulled immediately, and for an investigation to be conducted by the Attorney General’s Office in the Federal District.

The Network’s representation in the STF, in turn, claims that the document from Damares’ ministry is a “denial front” and a “counter-attack” to the advancement of vaccination against Covid-19. It is the same case of a technical note from the Ministry of Health that reaffirms the non-mandatory nature of the immunization of children against the disease, according to the representation.

The action asks that the servers who sign the notes be removed from public positions held, and that the facts be forwarded to the Public Ministry for investigation.

The document was signed by Eduardo Miranda Freire, deputy national secretary for Global Protection; Fernanda Ramos Monteiro, deputy national secretary for the Rights of Children and Adolescents; Marcelo Couto Dias, deputy national secretary for the Family; and Jailton Almeida do Nascimento, director of Promotion and Education in Human Rights.

Damares endorsed the document. “The technical note was prepared jointly by the national secretariats for Global Protection, Family and Children’s and Adolescents’ Rights, with the objective of presenting technical, legal and political foundations in the field of human rights, which, in the view of this folder, do not justify the obligation now proposed”, he said.

By making Dial 100 available to those who experience “discrimination” due to lack of vaccination, as the ministry said, the folder can generate distortion and overload the whistleblower channel, in the view of government managers familiar with the service.

Dial 100 is the federal government’s main instrument for receiving complaints and forwarding them for investigation into these allegations of violence against women, children and adolescents, the elderly, people with disabilities, people living on the streets and the LGBTQIA+ population.

In the technical note prepared and distributed to ministries, Damares’ portfolio concluded that “imperative measures of vaccination as a condition for access to human and fundamental rights may violate constitutional provisions and international guidelines”.

In addition, in the view of members of the ministry, these measures may contradict bioethical principles, harm human dignity and “end up producing discrimination and social segregation, including within the family.”

The of complaints, which can be accessed through Dial 100″, says the technical note.

In a note to the report, the ministry stated that Dial 100 is open to all who feel their fundamental rights have been violated.

“The service does not make value judgments about the complaints. It only receives, sorts and forwards dissatisfaction reports to the competent bodies”, he said.

The technical note was prepared by the ministry because the National Human Rights Ombudsman received manifestations about rights violations, according to the ministry.

“The ministry is not against vaccination against Covid-19, but it manifests itself, based on legal provisions, contrary to its obligation.”

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