Detalhes bibliográficos
| Ano de defesa: |
2025 |
| Autor(a) principal: |
Pascolati, Ana Carolina Sampaio
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| Orientador(a): |
Lima, Carolina Alves de Souza
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso embargado |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/44107
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Resumo: |
In the 21st century, technological transformations and globalization have redefined the dynamics of globalization, affecting not only economic relations but also the social, cultural, and legal spheres. This scenario calls for a reassessment of the role of businesses in human rights, especially concerning the implementation of the UN Guiding Principles on Business and Human Rights. The changes in power dynamics require a reevaluation of the role of companies in the context of human rights. Traditionally, international human rights law focused on the relationship between states and individuals, but the rise of corporations as new actors with responsibilities in human rights challenges this framework. In this new model, international law has recognized the growing responsibility of corporations, which, operating across multiple jurisdictions, need to adopt practices that respect human rights, including gender equality in the workplace. This doctoral thesis aims to investigate the application of the UN Guiding Principles on Business and Human Rights from a gender perspective, analyzing how companies should act to protect women’s rights in the labor market. The thesis argues that to ensure the full integration of the gender perspective into corporate human rights, it is necessary not only for companies to commit to nondiscrimination and equal opportunities but also for there to be a stronger recognition of the role of states in creating a legal environment that holds corporations accountable for violations of women’s rights. Starting from a critical analysis of international approaches, the thesis will explore the impact of the UN guidelines on corporate practices, focusing on the concrete outcomes for promoting workplaces that respect and promote women's rights, combating practices such as wage discrimination and precarious labor, as seen in the case of Brazil’s conviction before the IACHR in the case known as the Santo Antonio Fireworks Factory and its relatives vs. Brazil. Furthermore, the application of the principles within the Inter-American Human Rights System will be discussed, considering decisions from the InterAmerican Court, which highlight the need for public policies that ensure fundamental rights for female workers. Using a qualitative and multidisciplinary methodology, the thesis will adopt a doctrinal, jurisprudential, and documentary analysis, with an emphasis on the evolution of international human rights law. The focus will be on the interactions between international norms and business practices, and how judicial decisions from the IACHR, based on the Ruggie principles, can contribute to holding companies accountable, not only regarding the protection of human rights in general but also for promoting gender equality in the workplace. This doctoral work aims to propose solutions through the integration of the UN Principles with corporate strategies, highlighting the interdependence between economic, social, and cultural development, and providing recommendations for greater corporate responsibility in creating workplaces that ensure dignity and equality for gender, with a focus on the outcomes for women’s work |
