Violações de Direitos Humanos e Direitos da Personalidade pelas Empresas Transnacionais: Uma Análise Crítica das Regras de Haia sobre Arbitragem

Abstract

Transnational companies often operate in underdeveloped countries and sometimes violate the human rights of their workers and other individuals involved in their operations. In this context, the United Nations created some guiding principles for companies on human rights in 2011, but these principles have a soft law nature, therefore, they are not legally binding. Furthermore, it is observed that in some underdeveloped countries, the sluggishness of the procedure, the costly process, and even the corruption of their agents hinder the resolution of these conflicts, at least effectively. Faced with this situation, transnational companies seek more suitable mechanisms for resolving these conflicts. Therefore, the problem of this research is to determine whether arbitration is an appropriate conflict resolution mechanism in this scenario of violations, from the perspective of its victims. To do this, the approach method to be adopted will be deductive, with a historical and comparative procedure, using juridical interpretative, exegetical, systematic, and critical explanation, whose study technique will be based on national and international bibliographic research. Furthermore, its objective is to analyze transnational companies in the era of globalization, arbitration as a conflict resolution instrument between transnational companies (TNCs) and victims of human rights violations and personality rights, as well as the 2019 Hague Rules. Finally, it is concluded that although the Hague Rules offer reasonable contributions to mitigate inequality between the parties, the crucial challenge of economic imbalance between the parties persists, especially for individuals affected by these violations, as they lack financial resources compared to the power of transnational companies (TNCs), and this disparity between the parties cannot be resolved through arbitration either.