Mandatory use of a face mask to contain COVID-19 in Brazil: legitimate limitation to the fundamental right of self-determination
DOI:
https://doi.org/10.22239/2317-269X.01651Keywords:
Right to Health, Coronavirus Infections, Disease Transmissions Infectious, Public Health, Prevention and ControlAbstract
Introduction: The autonomy of the individual’s will aiming at the exercise of individual freedom by refusing the use of a face mask as a means of protection can have serious collective consequences in relation to the prevention and spread of the contagious infectious disease caused by SARS-CoV-2. Objective: To analyze whether the individual’s freedom of self-determination against collective interest in cases of compulsory use of a face mask will prevail. Method: The study was developed through documentary and bibliographic collection, with descriptive bias. Results: The official data and guidelines of the World Health Organization in joint analysis with the existing Brazilian legislation and the constitutional commandments of fundamental rights, allowed us to reach the result of the proposed objective. Conclusions: The published normative acts are based on validity in a federal standard with the status of a law in a formal sense, with the provision for the adoption of prophylaxis measures, including the mandatory use of the mask, to combat the pandemic. The prevalence of the collective interest in favor of public health and the fundamental right to life and health of others is legitimate given the individual’s freedom of self-determination.
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