A relação entre direitos humanos e economia corporativa global – caminhos jurídicos e perspectivas

Abstract

The topic of this research centers on the complex relationship between Human Rights and the Global Economy, which is constituted in the post-modern era by a corporativist base. It is delimited by the balanced equation between human rights and the global market that is characterized by the financial market so that the dignity of the human being is the end and the economy is the means to the welfare of the civil society that survives in advanced capitalism. Such an approach probes the historical evolution of human rights and the global economy, outlining the moments in which these institutes parted ways generating violations to the internationally protected rights, setting off inequality throughout the planet since the characteristics and dynamics that nowadays constitute the global economy afford greater segregation and exclusion than the distribution of wealth per se. It aims, consequently, to reconfigure the current reality postulated by advanced technology and the accumulation of capital on the basis of the science of law, with reflections on concrete instances in which entire populations have suffered violations of fundamental human rights, especially populations of developing countries, due to the activity of the protagonist of economic dynamics, to wit, transnational companies. Capitalism is potentially the form of distribution of wealth, however in its advanced configuration structured on the global corporative economy in neoliberalism it has not been successful to most of the planetary population that does not participate in the benefits of these dynamics and, in the very best of hypotheses, is restricted to a group of consumers that form the accelerated economy whose capital is volatile. Hence, in the framework of the activity from the objective perspective, one must review some necessary institutes in order that human rights will be the guidelines of the global economy. One highlights the role of the State-Nation, a global governance as well as the fundamental precepts of developing countries as basis, consecrated in the Constitution of the Federative Republic of Brazil of 1988, to the end that they be crucial points of command and protection of human and fundamental rights. In this sense, it bears mentioning that there are diverse institutes that part from the internal field of the global economy, especially from the transnational companies; however, the study of the external field has been delimited as it is directly related to the global economy. In light of the complexity of the global economic activity, which is instantaneous, as well as the density of domestic legislation, one can affirm that the more effective participation of the State-Nations, an impartial global command and the domestic legislation of developing countries are sufficient to delimit the actions of the global economy, not staunching it but impeding the violation of human rights. The research technique used is bibliographical and documental, with a deductive approach albeit on some points inductive.