EMPRESA E DIREITOS HUMANOS: ANÁLISE DAS DIRETRIZES CONTEMPORÂNEAS NO DIREITO BRASILEIRO À LUZ DOS SISTEMAS GLOBAL E REGIONAL

Abstract

The research starts from the normative development resulting from the socio-legal scenario that represents, in the last decade, an agenda for change in the paradigm of the role of the company. From profit-focused governance to a broadening of the responsibilities of business activities, which are increasingly seen as being committed to the social order, whether voluntarily or as a result of the ethical demands of civil society, which have been presented in an articulate and participatory manner. The worldwide movement to increase the link between business activities and human rights culminated with the UN initiative to prepare studies on this matter, which resulted in the UN Guiding Principles on Business and Human Rights causing reflections in the positivization of the Brazilian legal system with Decree n. 9.571/2018 and Resolution n. 5/2020 of the CNDH. Thus, the research problem is: Is it possible to identify a Brazilian normative advance on the subject of Human Rights and companies leading to the need for adequacy of corporate policy? The justification is the social relevance of changing the business logic, contributing to the strengthening of the human dimension in social management. The general objective of the research is to analyze the contemporary guidelines on the relationship between business and human rights in Brazilian law in light of the global and regional human rights protection systems. The specific objectives are to research the changes in socio-legal paradigms, to survey contemporary legal frameworks and to identify the legal tools and adjustments needed by companies. The methodology is bibliographical and documental research, with a dogmatic approach to Law through the deductive method.