A chamada à formulação da política nacional sobre Direitos Humanos e Empresas pela sentença da Corte Interamericana de Direitos Humanos no caso Empregados da Fábrica de Fogos de Santo Antônio de Jesus e seus Familiares vs. Brasil

Abstract

Brazil's international condemnation in the case of Employees of the Santo Antônio de Jesus Fire Factory and their Families vs. Brazil, before the Inter-American Court of Human Rights, imposed a duty on the state to formulate and implement a national policy on companies and human rights. Based on this framework, this research investigates the measures adopted by the Brazilian state in compliance with the ruling of the Inter-American Court of Human Rights, assessing their alignment with the international commitments assumed and with the innovative proposals formulated by civil society. The methodology adopted is based on qualitative, deductive research, fundamentally based on documentary, bibliographical and jurisprudential analysis. The study takes as its starting point the tragedy that occurred in Santo Antônio de Jesus, Bahia, which affected and victimized countless individuals in a fireworks factory that operated in a clandestine manner, revealing multiple violations of human rights with profound intersectional nuances. By reconstructing the nise of the international agenda on companies and human rights and examining its orientation based on voluntarist forms and the consequent insufficiency in the face of corporate impunity, this paper seeks to counterpoint this agenda with the strategic role of Brazilian civil society in proposing normative alternatives, in an attempt to subvert a logic that is deeply rooted socially and institutionally. From this perspective, it is possible to observe a gradual and important change in the most recent responses of the Brazilian state, in transition from a voluntarist logic to the incorporation of practices of active listening to civil society groups, explaining institutional changes that allow us to glimpse progress towards a more democratic and effective regulatory framework However, the resolutive point set out in the ruling on the creation of a national policy on human rights and companies has not yet been fulfilled, revealing that full compliance with the ruling has not yet been achieved. It is clear that effective reparation for the victims and overcoming the architecture of corporate impunity will only be possible with the adoption of a binding national policy, built on the centrality of the suffering of the victims, the active participation of civil society and the fundamental commitment of the state to human rights and strategies for reparation and non-repetition.