Abstract
The recent Brazilian decree about Business and Human Rights may have a significant impact on the international trade, because it will construct the companies’ actions in the country. Business relations will probably face the need of compliance with due diligence mechanisms. This paper aims to shed light over some probable conflicts, using the deductive methodology from Brazil’s legal texts and jurisprudence.
Highlights
Human rights legal regimes were originally thought to limit abuses committed by States against individuals
The recent Brazilian decree about Business and Human Rights may have a significant impact on the international trade, because it will construct the companies’ actions in the country
The Brazilian Decree establishes guidelines are voluntary and the fulfilment of human rights may or may not occur is a political, legal, social and economic regression since several foreign laws, as in the case of the English Modern Loan Act or Loi no. 399/2017 were recently adopted to demand that companies that market in their countries adopt mechanisms of control and accountability on the respect of human rights, including considering its supply chain (Acca & Scabin, 2018)
Summary
Human rights legal regimes were originally thought to limit abuses committed by States against individuals. It established the National Guidelines on Business and Human Rights, to operationalize the protection and respect for human rights in business, establishing commitments for the State and for companies, as well as forms to access repair and remediation mechanisms for those who have their rights violated In this sense, there are some good initiatives such as, the obligation of the State to develop public policies and changes in the legal system to consider the impacts of companies in supply chains, as well as prioritize reparations and compensation for vulnerable groups; the encouragement of the adoption of risk prevention tools by companies; or the improvement of mechanisms of transparency and social participation that can guarantee access to remediation (Brasil, 2018). Supranational rule making is not a morality-free zone in which it is acceptable for government representatives to strike bargains for mutual advantage, those rules, notably in the economic sphere, have profound effects on human rights fulfillment around the world (Pogge et al, 2015: p. 38)
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