Força normativa do direito internacional: direito fundamental à saúde em tempos de pandemia do Covid-19

Abstract

The study puts forward an analysis of the normative force of International Law on the Brazilian legal system, focusing on the protection of fundamental rights, mainly the right to health, during the new coronavirus outbreak. The main objectives are to analyze the boundaries of the World Health Organization (WHO) actions during the pandemic and establishing whether the government promoted the measures to control the COVID-19 outbreak properly. The study used exploratory, bibliographic research, as well as hypothetico-deductive, historical, and comparative methods. The results proved that the government did not entirely follow 'WHO' guidelines to prevent COVID 19 from spreading, even though ruled by the international health regulations (IHR), a document already sanctioned and accepted by Brazil's legal system. Nevertheless, given the non-binding nature of the norms, it isn't possible to ensure the enforcement of said measures, consequently increasing the number of contaminations and victims. The conclusion is that it's necessary to discuss the influence of International Law and promote mechanisms to ensure the enforcement of IHR measures