A EFETIVIDADE DOS PRINCIPIOS RUGGIE NO BRASIL À LUZ DO CONTROLE DE CONVENCIONALIDADE:

OS DESAFIOS DA APLICAÇÃO DE UMA SOFT LAW MEIO À CRISE DA COVID19

Abstract

COVID-19 changed the world scenario on several fronts. One of the most affected scenarios  is the relation: company - worker - consumer - State. In this area, the balance for the economic and human needs dichotomy needs a careful look. However, well before the pandemic, this concern already existed. In 2011, the United Nations Human Rights Council approved the “Guiding Principles on Business and Human Rights” combining political, social and economic development processes with the legal field. Thus, this article analyzes the effectiveness of these principles in the light of Conventionality Control in the (post) pandemic context. Grounded in the UN pillars: “Protect, Respect and Repair” we investigated the State role as an obtaining agent of the duty to protect human rights; the companies’ role to comply with the transnational guidelines of these rights avoiding the negative impacts on their non-compliance; and the State reparative possibility to the victims according to the Inter-American Human Rights System (IAHRS) established parameters. The research follows the methodology of the dialectic circle. Finally, the application of conventionality control to possible violations of international pacts by companies located in Brazilian territory is examined. In Brazil, although the guiding principles on companies and human rights have been adopted, the effectiveness of these rights due to failures, essentially in the inspection, punishment and repair of damage by the State to the violating company, is still a long way off.