The president of the Superior Court of Justice (STJ), Minister Humberto Martins, denied the request made by a server of the Federal Regional Court of the 3rd Region (TRF-3), which covers the states of São Paulo and Mato Grosso do Sul, for power work in person without presenting proof of vaccination against Covid-19.
The requirement has been made by the TRF-3 since December 2021, when an ordinance was published that only allows entry and stay in court for those who present proof of immunization or a negative test for coronavirus that has been performed within 72 hours of before.
In his request, the civil servant claimed that the requirement of proof would disrespect his freedom of movement and would undermine the free exercise of his professional activity.
The injunction was denied by Martins, who pointed out that the Federal Supreme Court (STF) has also issued decisions authorizing the requirement of proof of vaccination for entry into public and private places. The minister defended that the mandatory vaccination passport does not generate illegal constraint.
“The understanding of the Federal Supreme Court is firm in the sense that decisions capable of influencing legal assets of supreme value, such as life and health, must be guided by the principles of precaution and prevention, so that, whenever there is doubt about the possible harmful effects of a measure, the most conservative measure necessary to avoid the occurrence of damage is adopted”, stated Martins in his decision.
Last Monday (3), the governor of São Paulo, João Doria (PSDB), signed a decree that obliges all São Paulo state employees to present proof of vaccination against Covid-19. Exceptions will be admitted in case the worker presents a medical certificate that proves contraindication to the application of the immunizing agent.
Reference: CNN Brasil
