Parents who refuse to vaccinate their children can pay a fine of up to 20 minimum wages, experts say

According to the Child and Adolescent Statute (ECA), it is mandatory to vaccinate children in cases recommended by health authorities (Promotion)

Eduardo Figueiredo and Priscilla Peixoto – from Cenarium Magazine

MANAUS – Children aged 6 to 11 years without preexisting diseases and 5 to 11 years with comorbidities and disabilities can now be vaccinated against Covid-19 in Manaus. The vaccination campaign began on January 24, with release of the doses for children 11 years.

According to data available in Immuniza Manaus, until this Monday, 31, 15.845 children took the first dose of the immunizer. The number is still low, since, according to the Municipal Health Department (Semsa), the population from 5 to 11 years living in the capital is estimated at 260.721 children.


According to paragraph 1 of Article 14 of the Statute of Children and Adolescents (ECA), “vaccination of children is mandatory in cases recommended by health authorities. Article 249 of the ECA reiterates that the lack of mandatory vaccination – whether intentional or not – means violation of duties by parents.

To clarify the rights of children and explain the penalties for parents or guardians who for some reason fail to vaccinate their children, CENARIUM MAGAZINE listened to experts.

Attorney Hannah Câmara points out that article 14 of the ECA establishes that from the moment there is a recommendation from the health authority and the vaccination program is included in the National Immunization Panel (PNI), this vaccination becomes mandatory.

“So, what happens if parents or guardians for some reason refuse to take the child, because it is their right to have their health assured and it is a duty of the parents or guardians to ensure that they have access to vaccination, they will answer for the breach of family duties and then they can be fined for it”, explains the lawyer.

The lawyer – and Constitutional Law professor at USP – Antônio Carlos de Freitas Júnior agrees and is adamant when citing the same paragraph 1 of article 14 of ECA. “The Statute is abundant in mechanisms for preventing the threat of injury to the rights of the child. From the intelligence of the device itself, there is nothing to talk about the obligatory nature of vaccines. The mere recommendation of vaccination by the health authority, which has already happened in relation to the vaccine against Covid, is mandatory for children by normative force of the ECA”, guarantees.

Read also: Infectologists reinforce the need for vaccination against Covid-19 for children

The vaccination campaign began on January 24th, with the release of the doses for children 11 years old and younger (Promotion)

Fines and penalties

Also according to the ECA, article 249 determines that parents and guardians who do not immunize their children will answer for inflammation, which establishes a fine of three to 20 minimum wages. “And they may even be subject to loss of custody, suspicion, or removal of family power and may be prosecuted in the courts of childhood and youth”, Hannah points out.

Antônio Carlos de Freiras reminds us that the sanctions for parents who refuse to vaccinate their children are varied. “There are the following possibilities: (i) referral to official or community services and programs for protection, support and promotion of the family; (ii) referral to psychological or psychiatric treatment; (iii) referral to orientation courses or programs; (iv) loss of custody; (v) suspension or removal of family power.” Freitas notes that, in addition, a fine in the amount of three to 20 reference wages can be applied.

But that’s not all: “criminally, parents can be held responsible under article 132 of the Criminal Code – ‘expose the life or health of others to direct and imminent danger’ – and be punished with detention”, assures the specialist.

Gabrielly Cardoso, a lawyer graduated from the Amazonas State University (UEA), post-graduated in Civil Law and Civil Procedure and Feminist Law and Women’s Law from Legale College, reveals that if parents choose not to vaccinate their children they will be putting them in a vulnerable position in front of the disease, going against their duty of protection and against public health.

“To combat this, in addition to the fine, article 268 of the Penal Code carries a penalty of 1 month to 1 year of detention for those who “Violate determination of the public authorities, aimed at preventing the introduction or spread of contagious disease”, says


If someone witnesses a situation, where parents refuse to fulfill this duty and deny access to the right of the child to vaccinate, the lawyer advises to call the guardianship council, which will probably notify these parents and set a deadline for them to present proof in the vaccine.

“If this is not done, the guardianship council will represent the judicial authority or the Public Ministry, or send a notification of fact that constitutes an administrative infraction, or a criminal infraction against the child or adolescent’s right. Then, the Public Prosecutor will try to solve it out of court by trying an agreement, mediation, so that it can be fulfilled. If it doesn’t succeed, a lawsuit will be filed, which would be the filing of a representation, and there it could be established in this action an obligation to do so that this child is vaccinated”, he affirms.


According to the prosecutor Cláudia Maria Raposo da Câmara, the Public Ministry has acted since 2018 in the expansion of vaccination coverage and now must strengthen the action due to the need to ensure children over 5 years, the vaccine against coronavirus.

“It is important that parents have this awareness, the vaccine is approved by Anvisa, is safe and is a right of the child and a duty of the parents, then we make this appeal, that take the children to a vaccination site and ensure the right of access to vaccination”, says the prosecutor.

Pronouncement by the Public Ministry of Amazonas (Promotion)

Vaccination points

From this Monday, 31, four teaching units become temporary points in the campaign. Among them: the Municipal Integrated Center of Education (Cime) Doctor Viviane Estrela Marques Rodella, located in the Lago Azul neighborhood, North; Cime Senator Arthur Virgilio do Carmo Ribeiro Filho, in the Gilberto Mestrinho neighborhood, East zone; Cime Josefina Rosa de Mattos Pereira de Castro, in Jorge Teixeira neighborhood, East zone; and the Municipal School of Basic Education (Emef) Domingos Savio, in Alvorada neighborhood, West zone.

Furthermore, the vaccination posts of Studio 5 Convention Center, in the South; Worker’s Club-Sesi, East zone; Children’s Park, South zone; Living Center Magdalena Arce Daou, in the West and shopping ViaNorte, in the north, also work Monday to Saturday, from 9 am to 16h, with the exception of Via Norte, which serves from 10h to 16h.


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