Tratado internacional sobre empresas e direitos humanos: o potencial da participação da sociedade civil para a criação de um direito “desde baixo”

Abstract

The present graduation conclusion paper aims to carry out a study about the possibilities of developing an efective normative framework on Human Rights and Business. For this purpose, an analysis of the United Nations agenda on the matter was made and it was noted that regulatory efforts on the subject were insufficient to ensure an effective protection of human rights in relation to the activities of transnational corporations. This paper stresses the need to create a strong legal framework that is able to oppose the practice of systematic human rights violations by transnationals, which is enabled by an existing “architecture of impunity” that was built in favor of these corporations. It was established as a theoretical framework the studies of Balakrishnan Rajagopal and Boaventura de Sousa Santos on the construction of counter-hegemonic narratives to create a right "from below" and the human rights discourse as a language of emancipation and resistance. In this sense, this paper attempted to demonstrate that the action of social movements, non-governmental organizations and communities affected by corporate power is essential to advance in the development of the Treaty towards a binding instrument that can actually protect human rights and regulate the activity of transnationals.