The Minister of Education, Milton Ribeiro, signed the order alleging “it is not possible for federal educational institutions to establish a requirement for vaccination against Covid-19 as a condition for the return of in-person educational activities”.
According to the text, it is up to the institutions to implement non-pharmacological sanitary measures. Ribeiro’s argument is that the requirement for vaccination could only be determined by law.
“In the case of universities and federal institutes, the requirement can only be established by federal law, in view of the fact that it is an issue pertaining to the functioning and administrative organization of such institutions, of legislative competence of the Union”, completes the order.
In his decision, Minister Ricardo Lewandowski argued that “the provision of university autonomy is enshrined in the Political Charter”.
According to him, “although it does not have an independent character, an attribute of the Powers of the Republic, it reveals the impossibility of exercising guardianship or undue interference in the very heart of its functions.
Ensuring the university the discretion to dispose or propose (legislatively) about its administrative structure and functioning, as well as on its pedagogical activities”.
The minister concludes by emphasizing that “educational institutions have, therefore, the authority to exercise their university autonomy and can legitimately demand proof of vaccination.
” Lewandowski’s decision takes place within the scope of a lawsuit filed by the PSB (Brazilian Socialist Party).
The minister of the STF (Supreme Federal Court) Ricardo Lewandowski suspended an order by the MEC (Ministry of Education) that prohibited the requirement of a vaccine passport to students at universities and federal institutes.
The order is from December 29th and was published in the Official Gazette of the Union this Thursday (30th).