Trabalho decente e as cadeias globais: direitos fundamentais e responsabilidade social corporativa

Abstract

This study addresses the correct conceptualization of production chains and supply chains and investigates participants’ accountability in these processes. The aim of the investigation is to tell those concepts apart (since there is no conceptualization of topic in both the legal literature and court precedents, so far) in order to identify possible ways in which participants could be held accountable in those processes. Considering that the relationships which connect each of the links in the production and supply chains are basically commercial, it is not possible, at first, to hold their participants accountable in terms of labor relations (mainly in companies that sell the final product). On the other hand, it appears that the decentralization of production and the fragmentation of the production chain around the globe can lead to instances of precarious labor relations, either due to the lack of accountability of the final links of the chains, to the fact that in certain places the labor legislation is not as protective as in others. On account of this matter, and because there are no global rules governing the subject, the role of the ILO (OIT) in approaching the issue and setting minimum levels for decent work was analyzed. To this end, a research on laws that would refer to production and supply chains around the globe was done. In addition, ILO concepts and recommendations regarding what would production chain and supply chain be were examined. Since the laws mention the duty of due diligence, a research was carried out in order to ascertain if it was possible to have that audit applied to global chains (in this study, production and supply chains were treated as global chains) .It was found that, given the lack of a minimum legislative standards covering all countries, it is important that ILO recommendations be voluntarily followed and would function as a standard for the codes of conduct of companies (applicable to suppliers).It was also noted that the due diligence of companies, because of their social responsibility, could be an alternative for the improvement of labor conditions in global chains, in line with the ESG concept, which has become an agent in the valuation of companies in the stock market.