RIGHT TO FREEDOM VS RIGHT TO HEALTH: ANALYSIS OF THE RESTRICTION TO PEOPLE WHO REJECTED THE COVID-19 VACCINE

Abstract

The rights to freedom of the individual are of paramount importance to the Brazilian legal system, with a focus on the right to freedom of movement, which is guaranteed to circulate throughout the national territory to any person, national or foreign, provided that the limits of the law are respected. However, this right cannot override other equally fundamental rights, such as the right to health. Any restriction, as long as it is temporary, can be justified when an atypical situation falls on society, which exposes the whole community to risk, as was the case, from the emergence of Covid-19 in Brazil. As a result, individual freedoms provided for in the Constitution were suppressed, including the right to freedom of movement, when certain individuals were prohibited from participating in activities and places without the due precaution established by the state to prevent the spread of the virus: a vaccine. Due to the right to health, guarantee directed to the community, that is, to undetermined subjects. Demonstrated, therefore, that no right, even if fundamental, is absolute. In this sense, the article sought to analyze the legal dictates of restricting the circulation in collective environments of those who have not been vaccinated. The research was bibliographical, applying the exploratory character, as there is little accumulated and systematized knowledge in the area of ​​restriction of the movement of people who rejected the vaccine. In the end, the hypothesis of the work was confirmed, raised in which the right to freedom collides with another fundamental right, the right to health.