Um estudo empírico sobre a produção normativa da Organização Mundial da Saúde e sua implementação no Brasil

This research endeavors to examine the perception of the World Health Organization (WHO) by the three branches of the Brazilian government – the Executive, Legislative, and Judicial. Utilizing both quantitative and qualitative methodologies, the study aims to comprehend the extent to which norms established by the international body are adhered to and integrated into the legal framework of Brazil. The primary objective is to measure the disparity between the implementation of WHO's soft law and hard law norms, while also charting the utilization of these norms across the three governmental branches. Each mention of the WHO made by the authorities within official documents (such as judicial rulings and resolutions) serves as the analytical unit. In the qualitative aspect, the focus lies on a detailed analysis of the influence of the mentioned WHO regulations in specific court judgments, as well as the perceived authority of WHO by the STF and STJ. The findings reveal that the conventional dichotomy between soft and hard norms emerges as less significant, given instances where soft law norms are treated as binding in numerous cases. The soft norms also form the majority of mentions in all three branches.