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A couple from Santa Catarina accumulated a fine of R$ 936,467.64 after failing to comply with a court decision regarding the vaccination of their three children. The case took place in the district of Ituporanga, in the Itajaí Valley, and involves the action of the Public Prosecutor’s Office of Santa Catarina (MPSC).
The ruling established a daily fine of R$ 500 per child in case of non-compliance. With the continued refusal, the amount reached R$ 312,155.88 per child.
The MPSC requested the parents be summoned to pay the debt within the legal period of 15 days. In case of non-voluntary payment, the agency requested a new fine of 10% and measures for asset collection.
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Understand how the fine started
The MPSC filed the action in February 2024, after an inspection by the Municipal Health Department and the Guardianship Council. The agencies found that the three children’s vaccination records were completely blank.
The health documents did not show any vaccine records.
The court announced the decision on June 26, 2024. In the ruling, the judge ordered the couple to regularize the vaccination within 45 days, under penalty of a daily fine.
The guardians appealed to the Court of Justice of Santa Catarina (TJSC). However, the court upheld the first-instance decision.
Parents’ defense cites previous reaction of one of the children
The defense stated that the parents stopped the vaccination after one of the children, now 9 years old, had a reaction at 6 months of age.
According to the father, Heins Hackbarth Junior, vaccination had become a threat to the safety and life of the eldest child. From this episode, the couple decided to suspend the vaccination schedule of the other two children.
In a note sent to g1, the father said that the fine is disproportionate to the family’s income. He also stated that the situation affects rights such as freedom of conscience, parental authority, and medical choice.
Medical examination ruled out contraindication to vaccines
The court ordered an examination conducted by a specialist in allergology and immunology. The report indicated that the reported episode did not constitute anaphylaxis.
The examination identified a Hypotonic-Hyporesponsive Episode (HHE). This event is rare, brief, and does not leave neurological sequelae.
The specialist also stated that no scientific evidence or medical contraindication justified preventing the vaccination of the three children.
As a precaution, the judge ordered the replacement of the common pentavalent vaccine with the acellular DTPa in the case of the eldest child.
Court reinforced obligation provided in the ECA
In the ruling, Judge Eduardo Felipe Nardelli highlighted that child vaccination is mandatory in Brazil. The reasoning cites the Statute of the Child and Adolescent (ECA) and the Federal Constitution.
The magistrate stated that the right to health and protection of children has absolute priority. This understanding places child protection above parental authority and the freedom of parents’ beliefs.
Health Department reinforces updating the vaccination card
The State Health Department of Santa Catarina (SES) advises families to check their vaccination cards. The department recommends visiting the nearest health unit to update overdue doses.
The Unified Health System (SUS) offers more than 20 vaccines for free through the National Immunization Program (PNI).
According to Arieli Fialho, Immunization Manager of the Directorate of Epidemiological Surveillance of Santa Catarina (Dive-SC), immunization helps prevent outbreaks, hospitalizations, and deaths. Vaccination also protects people who cannot receive certain vaccines.
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