Brazil: STJ upholds fine against parents not vaccinating child against Covid-19

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Brazil: STJ upholds fine against parents not vaccinating child against Covid-19 Friday, March 21st 2025 – 08:57 UTC Full article 0 comments Parental authority has a different meaning since the Constitution of 1988, the STJ ruled Brazil’s Superior Court of Justice’s (STJ) Third Panel (Turma) unanimously ruled Thursday that parents who refuse to vaccinate their children against Covid-19 can be fined, upholding a decision by the Paraná state court. The court’s rationale hinged around the Statute of the Child and Adolescent (ECA), which mandates child immunization. In the case under review, a couple in Paraná had been fined three minimum wages for not vaccinating their 11-year-old daughter, despite health recommendations and notifications from the school, Guardianship Council, and Public Prosecutor’s Office. The parents argued that the Covid-19 vaccine was not mandatory under the National Immunization Plan. But case rapporteur Justice Nancy Andrighi maintained that refusing vaccination without a valid medical justification constituted parental negligence. She emphasized that vaccination was a collective health pact to protect children and society, aligning with the Constitution’s mandate that parents must care for and protect their children. The other judges concurred. This decision reinforced the concept that childhood vaccination is a duty, not just an individual choice, to ensure public health and protect children. “Childhood vaccination is not just about individual protection for children and adolescents, but represents a collective pact for everyone’s health in order to eradicate diseases or minimize their consequences, guaranteeing a healthy and protected childhood,” Andrighi stressed. “Parental authority has had its meaning changed since the Constitution of [19]88, what used to be understood as a power of leadership of the husband towards the children, has come to be understood as a power-duty of fathers and mothers to care for and protect their children,” she went on. “It is our duty to ensure that children and adolescents have the right to life and health,” Justice Daniela Teixeira added. The STJ should not be mistaken for the higher Supreme Federal Court (STF). Right behind the STF are four federal courts, including the STJ and the also famous Superior Electoral Court (TSE), the other two being the Superior Labor Court (TST), and the Superior Military Court (STM). Some judges can hold benches on more than one court. The STJ is the highest Brazilian court for non-constitutional issues concerning both State and Federal ordinary courts, dealing mainly with matters of Common Justice. Its responsibility is to standardize the interpretation of federal law nationwide. It is made up of 33 judges who are subdivided into various and probably more than one panel. For example, the Special Court is composed of the 15 most senior ministers of the Tribunal and judges criminal actions against governors and other authorities, among other duties. Then there are Sections -10 judges- of which specialized Turmas -5 judges- are another subdivision handling appeals of a non-repetitive nature. Categories: Health & Science , Brazil . Tags: Brazil Covid-19 Coronavirus , vaccination school children . Top Comments Disclaimer & comment rules No comments for this story Please log in or register (it’s free!) to comment. Login with Facebook