A responsabilidade das empresas transnacionais na garantia dos direitos humanos : análise do PL nº 572/2022

Abstract

This study aims to analyze the responsibility of transnational corporations in ensuring, and promoting human and environmental rights, based on the analysis of Bill No. 572/2022, which establishes the National Framework Law on Human Rights and Business in Brazil. Globalization and the expansion of global value chains have intensified the activities of transnational corporations while also increasing the risks of human rights violations, particularly in the Global South. In this context, it is essential to understand the role of companies not only as profit-generating entities but also as agents responsible for upholding human dignity and complying with ethical and sustainable standards. The research seeks to demonstrate the need for binding legal frameworks capable of filling the gaps left by voluntary international instruments, such as the United Nations Guiding Principles on Business and Human Rights. Bill No. 572/2022 emerges as a response to these shortcomings by establishing due diligence obligations, mechanisms of joint liability, and instruments to ensure access to justice for victims of corporate violations. A comparative analysis with the European Directive 2024/1760 reveals that both instruments aim to strengthen prevention and remediation of harm, as well as to consolidate a model of corporate governance oriented toward sustainability and transparency. This study, theoretical and documentary in nature, adopts a logical-deductive and comparative approach, grounded in literature review, analysis of landmark cases such as Vedanta v. Lungowe (2019), and examination of international normative experiences. It concludes that the effective accountability of transnational corporations depends on the combination of binding norms, efficient state oversight, and active civil society participation. Therefore, the implementation of Bill No. 572/2022 represents a fundamental step toward strengthening the Democratic Rule of Law by aligning Brazil with international trends in the protection of human rights and the promotion of sustainable development.