O ATCA (Alien Tort Claims Act) e sua aplicabilidade para a responsabilização de empresas transnacionais por violações a direitos humanos

Abstract

This paper intends, according to the all-affected principle, paradigm of the framework model post-keynesian-westfalian proposed by Nancy Fraser, to show that ATCA, Alien Tort Claims Act, North American Law Institute, is effective for the possible accountability of transnational companies for human rights violations on foreigners countries. Brazil, for the construction of a “development” scenario with big infrastructure works and mega-events about to happen, became an attractive destiny for this kind of companies, dealing with systematic human rights violations within its geographic space. Facing that, it’s analyzed the possibility of the ATCA utilization to charge these human rights violators companies on Brazil.