Direitos Humanos: impactos das empresas transnacionais no Direito Internacional

Abstract

This study aims to discuss how transnational companies, based on the economic power they exert, and through their relationships and actions in society, can have direct and indirect impacts on human rights, both beneficially - whether through the provision of working conditions worthy of its employees, the development of the local economy, or sustainable practices; and harmfully, using loopholes in local legislation, or even acting in disagreement with the legislation, aiming at profit. To this end, it approached transnational companies, conceptualizing them, exposing the impact of globalization on these companies, the main violations of human rights and the humanistic practices of transnational companies; conceptualized human rights, in addition to analyzing the State's duty towards human rights and the impact of the right to development on human rights; and analyzed the accountability of transnational corporations in domestic and international law, in addition to analyzing sovereignty, the search for international cohesion and the need for accountability. It is noted that the theoretical investigation reports to the exploratory and bibliographical character, whose method used was, preponderantly, the hypothetical-deductive one, allowing to conclude for the need of a drastic change in the scenario for the attainment of accountability of transnational companies, so that once anyone incurs in violations of fundamental human rights principles, victims of offensive acts are fully capable of suing such companies directly, through the use of jurisdictions that impose self-enforcing obligations on the private sector