Financiamento Sustentável e Governança Global: Deveres do Setor Bancário na Transição Energética entre Intersecções e Lacunas

Abstract

This article examines which legal duties may be attributed to the banking sector under international and domestic instruments of environmental governance and human rights, and how such duties are aligned or come into tension in the context of the energy transition. The study employs a deductive approach, drawing on documentary and bibliographic research, and combines systematic and teleological interpretation with comparative analysis, structured through a categorical matrix linking banking duties to normative coherence. The theoretical framework engages scholarship on global governance, business and human rights, and environmental regulation, with particular emphasis on due diligence, risk management, transparency, and accountability of private actors holding structural power in the economy. The findings indicate meaningful convergence in the duties imposed on banks, especially regarding socio-environmental due diligence and risk management in credit origination and monitoring. However, persistent tensions and gaps remain in standards for transparency, participation, and accountability, weakening the coherence of the normative arrangement from a global governance perspective. The article concludes that the banking sector tends to function as a vector of regulatory induction for the energy transition, while facing significant challenges of legitimacy, normative coordination, and accountability.