Aportes do Sistema Interamericano de Direitos Humanos para a Agenda Global de Direitos Humanos e empresas

Abstract

The main goal of this dissertation is to analyze the contributions of the Inter-American System’s case law (ISHR) to the Global Agenda on Human Rights and Business, especially for the negotiation of the legally binding instrument on transnational corporations and other business with respect to human rights, which is currently being discussed at the United Nations Human Rights Council. To this end, it carries out a literature review regarding the ISHR and the formation of the Global Agenda and its present moment. Moreover, it establishes Essential elements for a treaty that is effective in filling existing regulatory gaps and mitigating the architecture of impunity of transnational corporations. The essential elements’ identification is based on the demands of civil society, especially the organized mobilization groups of the Global Campaign to Dismantle Corporate Power and the Treaty Alliance. The theoretical framework adopted in this work presents a critical perspective of International Human Rights Law, defending its construction from the bottom-up, as well as the protection of human rights considering the centrality of the people affected and the dynamics of struggle and resistance of the population. Once the essential elements have been defined, these are used as parameters for the documentary analysis of the selection made within the corpus iuris of the ISHR, which includes the recent report on inter-American standards on business and human rights, issued by the Inter-American Commission and its Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights, as well as sentences and advisory opinions of the InterAmerican Court. The results show that there is advanced jurisprudence in the System capable of providing consistent substrates to justify the recurring demands of organized civil society in the international treaty on human rights and business negotiation.