Responsabilidade empresarial à luz do direito fraterno: compromisso com a proteção da infância e sua importância em Mato Grosso do Sul

Abstract

This study examined corporate responsibility in the light of fraternal law, conceived as an operative legal principle and a metatheoretical foundation for reshaping the social function of the corporation within Brazil’s post-1988 democratic constitutional framework. The research departed from the recognition that conventional models of Corporate Social Responsibility (CSR), ESG, and compliance remain insufficient to address the structural vulnerabilities of society and instead sought to assess the extent to which fraternity can provide a more consistent and community-oriented paradigm. The central objective was to evaluate the potential of fraternal corporate responsibility to enhance the constitutional mandate of the social function of the company and to strengthen the legitimacy of corporate conduct. The study adopted a qualitative approach, using a deductive method and exploratory-descriptive perspective, based on a critical literature review, documentary analysis, and the examination of official data from judicial and governmental sources. Findings indicate that corporate responsibility inspired by fraternity could introduce a relational and substantive dimension, foster community-based co-responsibility and reinforce the effectiveness of the constitutional principle of the best interests of children and adolescents. The research concluded that fraternity enriches the social function of the corporation, with the potential to reinforce the legitimacy of business practices, guide judicial decision-making, support the design of public policies, and stimulate corporate initiatives aimed at protecting vulnerable groups. The empirical focus on childhood in the state of Mato Grosso do Sul illustrated the relevance of the fraternal paradigm as a criterion for evaluating corporate legitimacy. The analysis also underscored the international dimension of the topic, aligning with the United Nations Guiding Principles on Business and Human Rights and the 2030 Agenda, particularly in the sphere of transnational corporate activity. Anchored in secondary data, the investigation acknowledged the inherent complexity of the phenomenon and pointed to future avenues of research by applying the fraternal model across different regional and thematic contexts.