A elaboração do tratado sobre direitos humanos e empresas: uma análise da utilização do conceito de jurisdição extraterritorial à luz do sistema interamericano de proteção

Abstract

Under International Systems, there are initiatives to give greater responsibility to TNCs through the attribution of extraterritorial jurisdiction, such as the UN Agenda that culminated in the creation of Drafts for the construction of a legally binding instrument on Human Rights and Business and, in the sphere of the Inter-American System, Advisory Opinion No. 23/2017. Both constructions present normative advances, although they maintain a statocentric paradigm of responsibility. In this sense, through comparative study combined with the methods and techniques of documentary and bibliographic research, the survey sought to answer the following problem question: How is the concept of extraterritorial jurisdiction used in the drafting of the treaty on Human Rights and Business consistent with the provisions of the Inter-American system? Through the cognition between the main similarities or contrasts in the normative on the subject in these Systems, it was concluded that, although the Inter-American System has a more restrictive position on the application of extraterritorial jurisdiction than that set out in the drafts of the treaty, the IACHR can provide complementary interpretation and implementation of the normative. Furthermore, the positioning of the System to confer direct obligations on TNCs with regard to reparation measures is a significant advance in international legislation and could change the depersonalized view of companies. On the other hand, piercing the "corporate veil" remains an obstacle to the attribution of responsibility along value chains.