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Criminal mechanisms to prevent human rights violations in the corporate field

Grant number: 14/14110-5
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): February 01, 2015
Effective date (End): November 30, 2015
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Eduardo Saad Diniz
Grantee:Maria Eduarda Rodrigues
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The international community has a large number of treaties that oblige the states to guarantee protection for human rights, however as in global economy many of the most powerful actors are not states, but transnational corporations, the scenario in which these violations spread remains known by normative instability and by deficits of regulation in the corporative field. The economic decisions of these corporations not always consider the need to be in terms with international treaties and the social costs to revert their business affairs into profit (acting through eased hierarchical structures and turning to the outsourcing of their services, which block the proper accountability), highlighting the vulnerability of employees and the work environment. The economic globalized society demands for effective solutions in the prevention of criminality and human rights violation in the corporative field, that's why the nature of corporative behaviors and the infractions that consequently follow has recommended to modern criminal dogmatic the revision of standards in attribution of "corporate criminal liability" also in the field of the criminal protection of human rights. Because of this context, the work's hypothesis consists in analyzing effective criminal mechanisms of adequacy to international rules, to national domestic laws and to the instruments of corporative self-regulation, created to prevent and punish human rights violations in the corporative field.

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