COMPULSORY VACCINATION AND FUNCTIONAL DIFFERENTIATION: THE LAW SOCIAL SYSTEM IN THE INCLUSION/ EXCLUSION PROCESSES ALONG THE COVID-19 PANDEMIC

ABSTRACT

Objective: this article aims to highlight the way in which the Law System acts in the inclusion / exclusion processes of individuals from social benefits from different spheres of world society. Methodology: the methodology to be used is the Niklas Luhmann's Social Systems Theory (2016), the basic theory for all the proposed observation. The indirect documentation search technique will be used, with a review of foreign national bibliography, and the qualitative analysis of judicial decisions. Results: as one of the results obtained, the means of the proposed analysis demonstrated how the System of Law plays a fundamental role in the dynamics of social inclusion and exclusion, both in the processes of guarantee of inclusion (access to justice and guarantee of the right to health), and in the legitimation of exclusion processes determined by the State, with a view to compel the citizen to vaccinate (compulsory vaccination), in order to reduce the risks that the contraryness to this act may generate in the Health System. Contributions the study brings as a contribution, after a comparison between hypotheses of determination or legitimation of inclusion and exclusion by the System of Law, a balance between these decisions with the scope, above all, of highlighting the imprescindibility of a broader social observation for the understanding and resolution of the current problems of constitutional law. In the specific case of the research, the determining role of the Health System in the decisions of the Judiciary in the case of Covid-19 is evidenced. © 2022, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.