Supreme Court suspends part of Ordinance that prohibited the request of vaccination proof

This afternoon (November 12, 2021), Judge Roberto Barroso rendered a decision determining the suspension of part of the provisions of Ordinance nº 620/2021 issued by the Labor and Social Security Ministry. In short, such ordinance prohibited employers from requiring proof of vaccination as a condition for hiring or maintaining employment, considering this practice as discriminatory.

According to the Judge’s opinion, the employer’s request for vaccination proof is not discriminatory; instead, it is a valid practice destined to minimize risks of contamination by coronavirus at the workplace.

The decision also mentions the company’s right to terminate employees who refuse to abide by legitimate directives issued by the employer.

Judge Barroso clarifies that the situation of people who have express medical recommendation not to get vaccinated represents a reasonable justification for such refusal.

The case will still be submitted to the analysis of the full Supreme Court, but it indicates an understanding that is consistent with the trend of the court to decide in favor of the collectivity when it comes to health matters.

We are at your disposal for any clarifications on the effects of the decision as well as to advise in case of doubts on the possibility of requiring vaccination for employees.