PSOL goes to court against mayor of Blumenau for decree that exempts vaccination

The PSOL state directory in Santa Catarina filed a lawsuit to suspend a decree by the mayor of Blumenau (SC), Mario Hildebrandt (Podemos), which waives the mandatory vaccination of children against Covid-19.

Immunization was imposed by the government at the end of last year in a technical note from the Ministry of Health to the National Vaccination Calendar, making the vaccine mandatory for children based on the Child and Adolescent Statute (ECA). Hildebrandt’s understanding is that the “vaccine remains optional, as recommended by the Ministry of Health”.

According to the text of the action to which the People’s Gazette had access, the mayor’s decree is “materially unconstitutional” for allegedly violating the Constitution, and that “it suffers from formal constitutionality, as it violated the constitutional division of competences”.

“With regard to health, specifically, the Federal Supreme Court reaffirmed the concurrent and supplementary competence of Municipalities to legislate on the protection and defense of health. However, the Supreme Court itself warns that this additional competence refers to matters of local interest and cannot conflict with federal standards, much less serve as a mechanism for restricting or violating the right to health”, wrote the party in the action.

This weekend, federal deputy Bia Kicis (PL-DF), shared on social media a video of lawyer Rosane Magaly Martins, who signs the PSOL action and defends mandatory vaccination. She stated that “fathers and mothers cannot do whatever they want with their children.”

The parliamentarian countered and stated that “socialism and freedom are like oil and water, they don’t mix. Socialism combines with tyranny, arrogance and hypocrisy. Before you ask, we already have a bill with congressman Paulo Bilynskyj to prohibit this obligation.”

In addition to the city of Blumenau, the mayor of Itapema (SC), Nilza Simas (PSD), also refuted PSOL’s action and stated that the party should address broader issues such as education, financing and quality of teaching.

“I also suggest to this PSOL lawyer […] that she file a writ of mandamus requiring the federal government to maintain the education salary, which fell by R$2.5 million this year. Also another suggestion: to maintain civic-military schools, which brought discipline, love for the country, respect for others, family and teachers”, among others.

According to guidance from the Ministry of Health, the Covid-19 vaccine should be administered to children aged 6 months to 5 years.