The World Health Organization’s normative authority in Member States: An Empirical Study of the Brazilian Judicial Branch

Abstract The article aims to describe how Brazilian courts adopt World Health Organization’s (WHO) normative production domestically, conducing an empirical study on how the Superior Tribunal de Justiça and the Supremo Tribunal Federal implement the WHO’s norms, both hard and soft law. To identify whether the normative authority of the WHO has been referenced in a decision, it employs a methodology that identifies direct and precise references to WHO standards. The results are presented by courts, Judges, health issues, documents and the binding nature of WHO documents. In conclusion, the article highlights the limited use of WHO normative authority by Brazilian courts.