A proteção internacional do direito à saúde na transpandemia da Covid-19: a proposta de um novo tratado global

Abstract

The Covid-19 pandemic represents one of the greatest health and humanitarian crises of recent decades. For the first time in history, humanity faced the same threat simultaneously, necessitating broad international cooperation. The crisis posed significant challenges to ensuring and protecting the human right to health, recognized as an inalienable, unavailable, universal good, inseparable from the right to life, and essential for ensuring the peace and security of all peoples. The international protection of health rights is delegated to the World Health Organization (WHO), tasked with ensuring the highest level of health for all of humanity and coordinating global health efforts. To address the crisis, a global plan based on solidarity was needed to mitigate health and sociopolitical impacts. However, many countries adopted selfish and individualistic policies. The global emergency revealed weaknesses and gaps in the international health rights protection system, raising questions about the effectiveness of WHO governance. This led to the proposal of a new global treaty or convention for the prevention, preparation, response, and recovery from future pandemics. These events lead to the research objectives. The general objective aims to analyze the effectiveness of a specific treaty for future pandemics in strengthening WHO governance. Specific objectives include analyzing WHO governance and performance during the pandemic, examining the health and sociopolitical impacts of Covid-19, and discussing the possibility of a new international pact for universal health access, grounded in Fraternal Law and global constitutionalism. The study employs a post-critical and propositive methodology, pure in nature, descriptive and exploratory, using bibliographical and documentary research with a qualitative approach and deductive method. The work is divided into chapters addressing the human right to health, WHO's role during the pandemic, the health and socioeconomic impacts of the global emergency, the analysis and critique of the new pandemic treaty proposed by WHO, and the proposition of a new global pact for fraternal health. The study concludes with a critical analysis of the new pandemic treaty and proposes the adoption of a global health pact based on Fraternal Law and global constitutionalism for the realization and democratization of the fundamental right to health for all of humanity.