Criminalizing parents who do not vaccinate their children is unconstitutional, says jurist

The political pressure to criminalize parents who do not vaccinate their children is serious not only because it serves the commercial interests of the pharmaceutical industry, but also because it goes against the country’s laws. The opinion is from lawyer Rafael Domingues, doctor in State Law.

In an interview for a report by People’s Gazette regarding the discussion of Bill 3,842/2019, which provides for a penalty of one month to one year in detention for parents who do not vaccinate their children, Domingues reinforces that the proposal is unconstitutional.

“Making such conduct a crime goes against not only the constitutional right to general freedom or freedom of conscience, because Criminal Law serves as ultima ratio, or ultimate reason. In other words, I only use Criminal Law when I have exhausted all other possibilities for protecting a certain legal asset”, he explains.

PL 3,842/2019, authored by deputy Alice Portugal (PCdoB-BA), is ready to be voted on by the CCJ (Constitution and Justice Commission) of the Chamber of Deputies. The proposal criminalizes anyone who “spreads false news about vaccines” and, in the current version, the penalty can be increased by 50% if these crimes occur during pandemic periods. The rapporteur, deputy Rubens Pereira Júnior (PT-MA), issued a favorable opinion to the project.

For Domingues, although the problem is relevant, it is possible to use other instruments that encourage vaccination. “An example is Bolsa Família, which historically conditioned receipt of aid on proof of vaccination. Whoever proves vaccination gets the benefit. This is the tradition of our Law. Now, moving to criminalization is a complete step backwards,” he says.