REFLECTIONS ON FUNDAMENTAL RIGHTS TO FREEDOM AND HEALTH: PROPORTIONALITY APPLIED TO MANDATORY COVID-19 VACCINATION
Proportionality; Fundamental rights; Freedom; Public health; Mandatory vaccination.
This work analyzes the issue of imposing vaccination against Covid-19 by indirect means, such as requiring а vaccination passport to access certain locations, in light of the proportionality criterion. Considering the fundamental rights to freedom and health, the question arises whether such measures are proportional and compatible with the Constitution. Furthermore, the decisions of the Federal Supreme Court (ADI 6586, 6587; ARE 1267879) on the topic are examined based on proportionality. The study aims to deepen the understanding of the concept and application of proportionality, highlighting its relevance to the contemporary legal context. The research employs а qualitative approach, with analysis of relevant decisions and legal doctrine, through books and scientific articles, as well as а review of legislation and constitutional jurisprudence relating to the topic. The importance of the topic lies in its relevance and the need for an in-depth debate on the limits of state power in the face of fundamental rights.