BUSINESS AND HUMAN RIGHTS FROM THE PERSPECTIVE OF LAW ANDECONOMICS IN BRAZIL

Abstract

Over the last decades, society has experienced an increase in the economic and political influence of corporations on the global stage, so that business activity has become inseparable from various impacts in the human rights issues. About this subject, the international and internal law only establish corporate responsibility to respect human rights, whose adherence by economic agents is voluntary. In this context, this article analyzes the theme of Business and Human Rights focusing on the efficiency of the standard edited by the Brazilian State. The instrument used for this is the Economic Analysis of Law, because this tool allows the understanding and evaluation of legal norms based on the behavior of economic agents. The procedural method used in this paper was the monographic and the technique of research was the bibliographical. It will present brief considerations on the relationship between the economic factor and human rights, as well as existing rules on the subject, especially the United Nations Guiding Principles on Business and Human Rights and the Brazilian law. Then, it will analyze the Brazilian law from the perspective of efficiency, rationality and cooperation, in order to assess whether it is possible for corporations to adhere voluntary to national guidelines for business and human rights and, if positive, whether this circumstance will matter in greater respect for human rights by corporations. As for results, it was envisioned that, for greater voluntary engagement of companies in the human rights issues, it would be necessary to effectively implement cooperation mechanisms.