Direitos humanos e empresa: a aplicação dos princípios orientadores pela corte interamericana diante da fragilidade do regime regulatório brasileiro

Abstract

The purpose of this dissertation is to study the treatment that the Inter-American Court of Human Rights has given to the relationship between human rights and corporate, and the possible consequences in Brazil. Therefore, the work used multidisciplinary bibliographic research on Public International Law, Economic Law, International Relations, Sociology, and Human Rights. In addition, it is conducted by a literature search on international normative acts, reports of international organizations, and advisory opinions and judgments of the Inter-American Court of Human Rights. Thus, the manuscript contains the methodology used by the International System that protects human rights, focusing on the functioning of the American system. Afterward, considering the edition of the United Nations Guiding Principles on human rights and business, reflections on the regulation of business activity and its importance for the protection, respect, and reparation of human rights violations are also carried out. The evolution of the theme in the international system is considered from the perspective of the context of transnational companies. Finally, it aims to understand the efficiency of the Guiding Principles and how the Inter-American Court has decided on the issue in its consultative and litigious actions, and whether any possible effects could affect Brazil. To sum up, it is concluded that the Inter-American Court has a pivotal role in strengthening the regulatory regimes in the member states.