O futuro tratado internacional sobre empresas e direitos humanos e sua potencial aplicação no ordenamento jurídico brasileiro
Transnational corporations and others are considered significant actors in international society, influencing the globalization process and generating diverse effects in commercial state relations. Thus, with the increasing impact of business activities on the social, economic, and environmental sph...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54428 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | Transnational corporations and others are considered significant actors in international society, influencing the globalization process and generating diverse effects in commercial state relations. Thus, with the increasing impact of business activities on the social, economic, and environmental spheres, it has become necessary to establish parameters and norms that ensure ethical conduct by companies, avoiding and redressing human rights violations. In this regard, this paper presents a study on the future International Treaty on Business and Human Rights and its potential application in the Brazilian legal system, starting from the following problem: How will the future International Treaty on Business and Human Rights, an international instrument that, assuming its approval and incorporation, will be legally binding, impact the Brazilian legal system? Initially, a literature review is conducted, discussing the context of human rights violations committed by corporations and emphasizing the need for more effective regulatory measures. Subsequently, through documentary research, previous predominantly voluntary initiatives aimed at addressing this issue are presented, culminating in the creation of the Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights by UN Human Rights Council Resolution 26/9. Furthermore, the paper examines the current draft of the International Treaty on Business and Human Rights, resulting from the working group's negotiations, and its provisions regarding state accountability and access to justice. Moreover, in relation to the Brazilian legal system, the existing norms and guidelines on the subject are identified, in order to finally analyze the potential impact of the treaty, considering the existing national guidelines and the gaps in state and corporate accountability for human rights violations. It is concluded that, although the treaty represents progress in Brazilian legislation, additional efforts will be required to establish specific policies and guidelines in order to ensure a more effective approach to the prevention and accountability of corporations for human rights violations, as well as the effective protection of victims of such violations. |
|---|