Princípios orientadores da ONU sobre empresas e direitos humanos como mecanismo de solução do conflito estabelecido entre o Regime Internacional do Comércio e o de Direitos Humanos

Abstract

This research aims to analyze the International Trade Regime and the International Human Rights Regime conflict, as well as the possibility of the UN Guiding Principles being an effective mechanisms to mitigate this conflict, mainly in relation of violations committed by Transnational Companies (ETs). The first chapter begins with the conceptualization of International Regimes and the recognition of the existence of Institution interaction between the Intentional Regime of Trade and the International Regime of Human Rights. Afterwards, the research details the evolution and establishment of the two regimes, highlighting companies as the main actors in the Trade Regime, as well as the International Courts the main mechanism of protection of Human Rights in the Humanitarian Regime. Moreover, occurs a descriptive study of the main mechanisms for the protection of Human Rights involving corporations violations, where the UN Guiding Principles highlights as the principal solution for this infractions. The main objective of the work is to analyze if those mechanisms are sufficient to resolve the regimes shock, or whether there is a need for new measures, such as international treaties to mitigate such a situation. Under this analysis and guided by the hypothetical-deductive method, bibliographic survey, doctrinal positions and emblematic cases, the need for the commitment of international society, especially cooperation between its members to achieve balance between regimes is demonstrate. Therefore, the discussion of the theme, in treaties and conventions, as well as the creation of effective mechanisms are necessary, in order to solve the presents violations and avoiding others.