Demissão por justa causa em caso de recusa da vacinação para a COVID-19: um embate entre teses antagônicas

Abstract

Due to the rise and uncontrolled propagation of COVID-19, humanity had to adapt to this new reality with a series of necessary changes. Of those adaptations, one suffered resistance from the general public, that for differing beliefs, didn't accept it peacefully: the COVID-19 vaccine. Thus emerged the conflict of theses that discussed the possibility of dismissal with cause in case of lack of vaccination proof. This conflict, that invaded our national courts, reached it's apex when it put on opposing sides representatives of the executive and judiciary powers, invaded the most diverse regional courts scattered all across the country and they all had to decide on the matter. Facing this situation and the necessity of a resolution by the courts, this present paper seeks to present the main arguments that sustain the antagonistic theses and present a legal position concerning the debate on the matter, as well as presenting what's possibly going to be the decision of the courts.