Desafios e perspectivas para a construção de um instrumento jurídico vinculante em direitos humanos e empresas

Abstract

The paper analyses the relevance of the elaboration of an international legally binding instrument to hold transnational corporations liable for the Human Rights violations caused by its activities. Starting from the theoretical framework of the architecture of impunity and through a legal comprehensive bibliographic review and document examination, it analyzes the insufficiency of the current legal framework, composed by the Guiding Principles and highlights the challenges faced in the development of an international instrument to complement the existing legal system. Under this perspective, the paper examines the activities developed within the United Nations, seeking the regulation of transnational corporations’ acts, since the 70s until the present process of development of a treaty on Business and Human Rights. It also denotes the main legal and political challenges regarding the drafting of this binding instrument, its content and reach, aiming to overcome the architecture of impunity.