The legal nature of ICD-11 and its effects

Abstract

Context: The ICD, adopted by the WHO, underwent its 11th revision, which, on January 1, 2002, entered into force globally for the States Parties that are part of this international organization, dedicated to coordinating health issues worldwide. Brazil, one of the WHO members, adopted ICD-11, which is currently undergoing internal implementation. As an indispensable instrument for the proper performance of health professionals and, above all, essential for public health policies, the question arises regarding the normativity of ICD-11. Problem: What is its legal nature and what are the effects of this status, both globally and internally? Objectives: This text sought to unveil the legal nature of ICD-11, considering its origin in the WHO Constitution and the Brazilian constitutional legal regime for the incorporation of international documents. Furthermore, what are the immediate legal effects of this for Brazil? Method: The scientific method adopted was a narrative and critical review of the scientific literature and international and national normative documents on the subject. Results: The ICD-11 is a Nomenclature Regulation that is normatively equivalent to an international human rights treaty, and Articles 18 and 27 of the Vienna Convention on the Law of Treaties should be applied to it. In Brazil, it should be observed, at a minimum, as a legal norm of supralegal scope. Conclusion: This is an interpretation that, detached from a hierarchical logic of legal norms and equalizing national sovereignty and international cooperation, based on the harmonious dialogue between external and internal sources of fundamental human rights, prioritizes its possible protection, that is, its maximum effectiveness.