HUMAN RIGHTS OF THIRD DIMENSION: ENVIRONMENT, FINANCIAL MARKET AND COMPANIES

Abstract

This abstract refers to the elaboration of a scientific article that aims to analyze how aspects related
to certain financial market instruments can be used to protect the environment as a third generation
fundamental right. Considering the increasing international concern over environmental preservation,
especially in view of the need to bequeath to future generations the right to a conserved ecosystem,
multidisciplinary actions can be observed precisely to corroborate this objective. In this sense,
initiatives from the financial market will be analyzed, including within the capital market, seeking to
curb companies from adopting polluting practices, sometimes encouraging them to employ internal
Direitos Humanos de terceira dimensão: meio ambiente, mercado financeiro e sociedades pág. 38
policies and procedures to preserve this fundamental right. Thus, the insertion of contractual clauses
in bank financing instruments will be analyzed with the primary purpose that borrowing companies
assume social and environmental responsibilities. Subsequently, we will focus on intrinsic capital
market topics, such as the indices currently used to verify the degree of commitment of companies
with stock exchange actions to environmental preservation, and the possibility of issuing fixed income
real estate securities, to raise funds whose use is linked to the implementation of projects with positive
environmental impact, the so-called "green bonds". All of these aspects will be addressed to
demonstrate ways in which the financial market can take initiatives to encourage societies to develop
or enhance their sustainable practices.