Direitos humanos e empresas em sua interface nacional e internacional: a relação entre o PL 572/2022 e o Tratado Internacional das Nações Unidas.

Abstract

This article seeks to point out how an International Treaty of the United Nations and a national framework in terms of Human Rights and Business can contribute to the effective fight against Human Rights violations resulting from business activity. Using a bibliographical review and analysis of legislation, the research addresses the main causes for the impunity of companies, especially those with transnational operations, indicating the global architecture of impunity, corporate capture and the formation of large value chains as the challenges for the proper accountability of Corporations. Based on this and considering the normative history in terms of Human Rights and Business, it was possible to verify the insufficiency of voluntary regulatory frameworks and the indispensability of binding instruments, notably the International Treaty and the Framework Law. Based on this and considering the normative history in terms of Human Rights and Business, it was possible to verify the insufficiency of voluntary regulatory frameworks and the indispensability of binding instruments, notably the International Treaty and the Mark Law. Thus, it was possible to demonstrate the relevance of the Treaty for correcting the asymmetry of power between developing States and transnational corporations, to provide satisfactory regulation of the responsibilities of both the host State and the State of origin, as well as for the treatment of issues such as assigning obligations directly to companies and joint and several liability along the entire value chain. With respect to the Law Mark, the article was able to outline notable contributions that could result from it, such as the protagonism given to victims of violations, the specific approach regarding groups that are especially vulnerable to the activities of companies, or even aspects such as access to justice and the role of bodies such as the Public Defender's Office and the Public Prosecutor's Office, without forgetting to mention the attribution of obligations directly to companies and the treatment given to value chains. Therefore, the investigation allows us to conclude that, in addition to the specific contributions, the great contribution of these initiatives for the protection of Human Rights would be the validity of coercive norms that effectively hold States and companies accountable for violations of Human Rights, seeking to solve the regulatory gap left by the soft law instruments.