A responsabilidade civil em decorrência dos eventos adversos pós-vacinação contra a covid-19 e os riscos do desenvolvimento

Abstract

The world was surprised, in the end of 2019, with the appearance of a new mutation of the coronavirus, causing the disease known as Covid-19, which had already infected thousands of people and has several deaths accumulated. In view of this, the creation of a vaccine to refrain the proliferation of this virus became an emergency. In this scenario and with the arrival of the drug, it is discussed who would respond civilly for adverse events after vaccination that have a causal link with this application. In Brazil, the State was responsible for those vaccines acquired by it, through its entities, however, in the private sphere, the issue is controversial in regard to development risks, which may be or not a cause of exclusion of civil liability. The tendency of the Brazilian Superior Court of Justice (STJ) is to consider these events as an internal fortuitous event, not relieving the suppliers of their duty to indemnify the consumers for the damage caused.