Psol calls Supreme Court to overturn Covid vaccination exemption in RS schools

The Psol sued the Federal Supreme Court (STF) to overturn the exemption from presenting proof of vaccination against Covid-19 for enrollment in public and private schools in municipalities in Rio Grande do Sul. The Claim of Non-Compliance with a Fundamental Precept (ADPF 1130 ) was filed this Thursday (29) and questions the decree issued by the mayor of Farroupilha (RS), Fabiano Feltrin (PP).

On the 15th, minister Cristiano Zanin accepted a request from Psol and suspended decrees from 20 municipalities in Santa Catarina that waived the same requirement. In the new ADPF, Psol requested that the action be reported by Zanin, but the Court distributed the action to Minister Nunes Marques.

Now, the party claims that mayors of other municipalities in Rio Grande do Sul have chosen not to issue decrees, but have demonstrated on social media against the obligation to provide proof of Covid vaccination at the time of registration. The acronym cites a note issued by Caxias do Sul City Hall on the official website; In the municipality of São Marcos, according to Psol, the exemption from presenting proof would have been “reported in the local press”.

Municipal measures

At the beginning of February, the City of Farroupilha determined that “the obligation to present a vaccination certificate indicating the application of the vaccine against Covid-19, among the mandatory vaccines for children or adolescents, at the time of registration or re-enrollment is waived. , in private or public educational establishments” in the municipality.

“It is worth noting that the Decree issued in Farroupilha aims to guide and guide only the non-presentation of proof of vaccination referring exclusively to the Covid-19 vaccine, being necessary to present the Vaccination Booklet with the other immunizations at the time of registration or re-enrollment school”, said Farroupilha City Hall, in a note.

On February 6, the City of Caxias do Sul informed, also in a note, that “the vaccine against Covid-19 is not a condition for re-enrolling or enrolling in the municipal education network”, as the “Municipal Health Secretariat ( SMS) still does not have doses for this entire population.”

“The Department of Education (SMED) explains that the vaccination booklet is requested in schools, as well as other documents, for registration and monitoring. SMED also reinforces that every child has the constitutional right to access education. The City Hall highlights the It is important for all routine vaccines to be up to date to protect children and to prevent the re-entry of diseases that have already been eradicated in the country”, highlighted the municipality.

In São Marcos, the Department of Health requires guardians who choose not to vaccinate children to sign a liability waiver at the time of re-enrollment, but the vaccination booklet still continues to be requested, the newspaper reported. Zero hour.

Psol says that municipal decisions violate the right to health

For Psol, the conduct cited in the action “directly violates” the rights to life, health and full protection of children and adolescents. “The Decree and the acts announced on social media demonstrate the political intention of public authorities who exploit public health for purposes outside public policies”, argued the party.

“The scenario of unconstitutionality in the Municipalities is fixed by the promotion of acts (decrees and public announcements) with the aim of removing the mandatory Covid-19 childhood vaccine, a mandatory immunization provided for in the PNI [Programa Nacional de Imunização]when announcing the dispensation of proof of vaccination for school enrollment purposes”, says the acronym in the document.

Request for action

The party stated that “it is essential that the STF imposes on the entire State of Rio Grande do Sul and its municipalities – especially those that have issued decrees and/or that are not requiring proof of vaccinations for school enrollment – to reestablish the constitutionality and return or start demanding proof of vaccination – of all of them and Covid-19 in particular – as a condition without which students cannot enroll”.

Psol asks the STF to grant an injunction to invalidate the “decree and public acts” identified as unconstitutional by the party in the action. Furthermore, the acronym requested that the STF determine that the mayors of the aforementioned municipalities “refrain from promoting any acts that could hinder the execution of the National Immunization Program, especially child vaccination against Covid-19”.

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Infographics Gazeta do Povo[Clique para ampliar]