Challenges for Human Rights’ Respect: Accountability of Transnational Companies - Samarco Case Analysis

Fernanda Schuhli Bourges ,Mariane Yuri Shiohara Lubke

doi:10.7176/rhss/11-12-01

Abstract

In global capitalism economic power is undeniably attractive, and so states, especially those lacking resources and incipient in regulation, are easily seduced to overshadow threats and violations of human rights. Thus, the State omits itself in function of economic advantages, relevant, but to the detriment of human and sustainable development, with this, the potentiality of catastrophes and intense violations of human rights is increased. Based on the Samarco case, one of the largest environmental disasters in Brazil, which generated numerous human rights violations, with the use of bibliographic sources and data from the specific case, using the hypothetical-deductive method, an analysis is made of the current system of international accountability, focused only on host states, and modifications that could be adopted with regard to the system of accountability of transnational companies as a way to lead them to respect and integrity with regard to human rights and meet SDGS n. 16 of 2030 Agenda. Keywords: human rights, international responsibility, ambiental disaster Samarco DOI: 10.7176/RHSS/11-12-01 Publication date: June 30 th 2021

Highlights

1 – The disaster caused by the rupture of the Fundão dam of the Samarco company - extensive human rights violation In the Brazilian State, in November 2015, it was experienced the Samarco case in which the city of Bento Rodrigues, Minas Gerais, was devastated and destroyed by mud due to the rupture of a dam - Fundão - of the company Samarco, one of the biggest environmental disasters in Brazil1, with repercussions in the most varied spheres
According to a statement by the Mayor of Mariana, in 2016, 89% of the municipality's revenue came from mining, which is why he only defended the temporary suspension of the mining company's activities and called for its return, which shows the seduction of economic power over sustainability and respect for human rights
The company has effectively violated human rights and caused damage to those rights, companies, whether national or transnational, are not taxable persons before the Court, the international responsibility is of the host State, exempting themselves, including the host states of the multinationals

Summary

Introduction

1 – The disaster caused by the rupture of the Fundão dam of the Samarco company - extensive human rights violation In the Brazilian State, in November 2015, it was experienced the Samarco case in which the city of Bento Rodrigues, Minas Gerais, was devastated and destroyed by mud due to the rupture of a dam - Fundão - of the company Samarco, one of the biggest environmental disasters in Brazil1, with repercussions in the most varied spheres. It is responsibility of everyone: State, companies and society to watch over the respect and promotion of human rights, especially in relation to economic activities with serious risk to humanity.

Results

Conclusion