Vacinação infantil obrigatória: uma análise dos limites da autoridade parental e da intervenção estatal

Abstract

The present study aims to analyze the limits of parental authority concerning the mandatory vaccination of children, taking into account the doctrine of the child's integral protection and the right to individual and collective health. The study seeks to understand the extent to which the State can intervene to guarantee these rights, especially in the current context of vaccine hesitancy. To achieve this, the research initially examines the concepts of parental authority and the integral protection of children, outlining their historical developments and the rights to health. Next, it analyzes the importance of childhood vaccination for public and individual health, with a focus on the recent Brazilian context, supported by statistical data and case law. Finally, it discusses the possibility and foundations of State intervention in cases of vaccination refusal, addressing legal mechanisms and their impacts on family relationships. The methodology employed is bibliographical and documentary in nature, based on doctrinal reviews, current legislation, and judicial decision analyses. It is complemented by the presentation of statistical data on vaccination rates in Brazil and the challenges posed by the anti-vaccine movement. As a result, the possibility of State intervention arises in a cautious manner, always respecting the autonomy of parental authority, except when it poses a threat to the healthy development of children. To address situations of negligence in certain family contexts, the role of the State and other sectors of society becomes essential in ensuring the enforcement of the rights guaranteed to children.