Judge orders home isolation of lawyer who refused to undergo coronavirus test

A man who refused to be tested for coronavirus should undergo laboratory tests, in addition to remaining in isolation at home until the test results. Thus, Judge Raquel Mundim Moraes Oliveira Barbosa, from the 8th court of the Public Finance of the Federal District, ordered an injunction.

The lawsuit was filed by the Federal District that alleged that the man is the husband of a patient who is hospitalized with Covid-19, and who has unjustifiably refused to take the exams. Thus, he asked that the lawyer be compelled to allow the collection of clinical samples by the professionals of the Department of Health and that the laboratory exams be authorized to verify his serology in relation to the coronavirus.

Urgent measure

The magistrate verified that the man has already presented some symptoms suggestive of the disease, after prolonged contact with his wife. She also noted that, given the seriousness and urgency of the issue, many States are using the attribute of self-enforcement of administrative acts to keep patients in treatment or quarantined until the possibility of contamination is ruled out. “These are situations in which the individual, without losing the condition of subject of rights, must submit to certain bodily interference”, he said.

Thus, he understood that the determination to submit to compulsory exams and the isolation of men “stands out as necessary”, because the problem is public health, in which case the State is responsible for adopting measures to preserve not only the health and integrity of the man himself, “but of the entire community that can be unduly exposed to contamination by a virus of notorious transmissibility and lethality,” he said.

Thus, it granted the request of the Federal District.

“The forced collection of biological samples from the defendant is shown to be legitimate in the case, given the urgency and seriousness of the globally experienced situation, observing, of course, respectful methods that preserve their dignity in carrying out the exams.”

Process: 0701858-04.2020.8.07.0018



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