Machine Translated by Google n.572/2022 PL Presentation: 03/14/2022 -Table 18:58 BILL No. , DE 2022 (From Messrs. ÁUREA CAROLINA and FERNANDA MELCHIONNA and Messrs. CARLOS VERAS and HELDER SALOMÃO) Creates the national landmark law on Rights Humans and Companies and establishes guidelines for the promotion of public policies on the subject. The National Congress decrees: CHAPTER I GENERAL PROVISIONS Art. 1 This Law provides for national guidelines on human rights and business and aims to establish guidelines for the application of national and international norms for the protection of human rights, and the promotion of public policies About the subject Art. 2 The agents and State institutions, including the justice system, as well as companies and financial institutions operating in the territory national and/or with transnational activity. *CD222886277400* Single paragraph. Included among the companies addressed to companies, their subsidiaries, branches, subcontractors, Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google two suppliers and all other entities in their value chains n.572/2022 PL global. Presentation: 03/14/2022 -Table 18:58 Art. 3rd. These are principles and guidelines that govern the application of this law: I. The universality, indivisibility, inalienability and interdependence of human rights; II. The State's duty to respect, protect and guarantee human rights Humans, ensuring the instruments for its application; III. The overlap of human rights norms over any agreements, including those of an economic nature, of commerce, services and investments; IV. The right of affected people and communities to reparation full for Human Rights violations committed by companies, in compliance with the principle of centrality of the victim's suffering; V. The right to prior, free, informed and good faith consultation with the people affected, guaranteeing the right to consent; SAW. In the event of conflict between human rights norms, the rule most favorable to the affected person will prevail; VII. In the event of multiple interpretations of the same human rights law, the interpretation most favorable to the affected person; VIII. The implementation, monitoring and periodic evaluation of the compliance with the provisions of this law; IX. The non-criminalization and non-persecution of people and communities affected by human rights violations, as well as as well as workers, men and women, citizens, collectives, social movements institutionalized or not *CD222886277400* institutions, their networks and organizations. CHAPTER II Signed electronically by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 3 OBLIGATIONS OF COMPANIES AND THE STATE n.572/2022 PL Presentation: 03/14/2022 -Table 18:58 Section I: Obligations common to the State (Union, States, District Federal and municipalities) and companies Art. 4th. The State and companies have obligations common of: I - Respect and not violate Human Rights; II - Not to practice acts of collaboration, complicity, instigation, inducement and economic, financial or services with other entities, institutions or persons that violate the Human rights; III - In case of violations: a) To act in orientation towards the integral repair of the violations; b) Ensure full access to all documents and information that may be useful for the defense of the rights of people affected; c) Ensure that the repair process does not generate new violations for affected people; d) Act in cooperation in promoting acts of prevention, compensation and repair of damage caused to affected and those affected. Section II - Obligations of Companies *CD222886277400* Art. 5th. Companies with domicile or economically active in Brazilian territory are responsible for violations of Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 4 human rights caused directly or indirectly by their n.572/2022 PL activities. Presentation: 03/14/2022 -Table 18:58 § 1 The responsibility for the violation is joint and several and extends throughout the production chain, including the company parent company, controlled companies, as well as public and private investors, including subcontractors, branches, subsidiaries, economic and financial institutions operating outside the territory national , and national economic and financial entities that participate by investing in or benefiting from any stage of the production process, even when there is no contractual relationship formal. § 2 The companies must adopt mechanisms of control, prevention and repair capable of identifying and preventing violations of Human Rights arising from its activities, without prejudice to its civil, administrative and criminal liability in the event such violations occur. Art. 6th. Companies should promote, respect and ensure human rights in the context of its activities, based on the following guidelines: I – Avoid causing or contributing to violations of human rights through the prevention of harm caused through of its own activities or services provided in its dealings commercial purposes, and face such damages when they occur, providing for the immediate cessation of the infringing activity in progress; II - Not to practice any act of collaboration, complicity, instigation, inducement and economic concealment, *CD222886277400* finance or services with other entities, institutions or people who violate human rights; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 5 III - Respect all international norms and n.572/2022 PL national laws prohibiting discrimination, in particular on grounds of Presentation: 03/14/2022 -Table 18:58 race, color, gender, sexual orientation, religion, political opinion or union activity, nationality, social origin, belonging to a people or community, disability, age, migratory or other status that is not related to the requirements to perform a job, and should also apply positive anti-discriminatory actions; IV - Respect all international norms and laws that prohibit the exploitation of child labor and in conditions analogous to those of a slave, throughout the production chain; V - Do not stipulate goals in an abusive way, characterizing practices of individual moral harassment or harassment organizational morale; VI – Promote respect for human rights by part of the companies with which they carry out commercial transactions, contractual or not. VII - Respect and protect the personal information of male and female workers and the effective protection of data of customers; VIII - Respect the territorial rights and self-determination of indigenous peoples, quilombolas and traditional communities, as well as their sovereignty over the natural resources and on local genetic wealth, in accordance with with Convention No. 169 of the ILO, especially the right to Query. IX - Respect the right to prior consultation and effective participation of male and female workers, their *CD222886277400* representatives and representative union entities in processes that potentially significantly impact the rights labor. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 6 X - Respect the rights of riverside communities, n.572/2022 PL coastal and peasant communities and curbing bribes or other forms of Presentation: 03/14/2022 -Table 18:58 corruption and intimidation in accessing land and resources for extractive exploitation concessions, aquaculture, agribusiness, tourism, energy production and others; XI - Respect collective processes, associations, trade union entities, organizations, movements and other forms of own representation of male and female workers, of communities, human rights defenders, as legitimate subjects in the establishment of dialogue and defense of interests of those who had their human rights violated or under threat of violation; XII - Publish, in an easily accessible place, the structure of the corporate management and its policies for the promotion and defense of human rights and inform who are responsible for making decisions and their respective roles in the production chain; XIII - Disseminate information on business activities to affected communities through appropriate means of notification, taking into account the situation of remote, isolated communities without access to the internet or illiterate, and ensure that said notice is not only delivered, but understood with the use the languages of affected individuals and groups; XIV - In case of risky activities, ensure the participation of male and female workers, as well as affected people and communities, in the elaboration, management and supervision of prevention plans; XV - Ensuring access to technical advice *CD222886277400* independent services for disaster-affected populations, through of the cost of this hiring, providing all the conditions for carrying out the work and not interfering in the choice of such Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 7 entities, which should be done democratically by the n.572/2022 PL people affected; Presentation: 03/14/2022 -Table 18:58 XVI - Create mechanisms for the material viability of the community participation, mainly by leaders, in making decisions about repair and compensation processes for damages, including transport and food during events for public consultation; XVII – Be committed to combating obstacles for the production of evidence by the people affected and to contribute with investigations; XVIII- Duty of transnational companies to adopt for you the norms of the country, among which you have some kind of bond, which guarantee greater protection of human rights, regardless of the location of damage; XIX- In the event of identification of violation in progress in the production chain, immediately cease the activity or act so that the violation ceases immediately, through its chain influence. Art. 7th. Companies must carry out a due diligence to identify, prevent, monitor and remedy violations of human rights, including social, labor rights and environmental, and must, at a minimum: I - Cover those that the company can cause or to which it can contribute, through its own activities, or that are directly related to its activities and operations, products or services through its relationships commercials; *CD222886277400* II - Be continuous, recognizing that the risks of violations of human rights may change over time, Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 8 as its activities and operations develop and the context n.572/2022 PL company operations; Presentation: 03/14/2022 -Table 18:58 Section III: Obligations of the Federative Republic of Brazil (Union, States, Federal District and Municipalities). Art. 8th. The Union, the States, the Federal District and Municipalities obliged to implement preventive measures, protection, monitoring and redress that prevent violations of Human Rights in the exercise of business activity, demanding that are respected by the companies and that are implemented participatory mechanisms for integral reparation to the people affected when they are violated. Art. 9th. The Union, the States, the Federal District and the Municipalities must take the measures provided for in art. 5th through public policies, within the scope and limits of its competences, norms and applicable regulations, including: I - Ensure full access to justice, on equal terms conditions, people and communities affected by violations of Human Rights carried out by companies; II - To act in orientation towards the integral repair of violations, emphasizing the principle of centrality of the victim's suffering, which imposes the protagonism of individuals or communities reached in the elaboration of mechanisms of prevention, reparation full and non-repetition guarantees; *CD222886277400* III – To guarantee, in addition to the obligation of the companies, independent technical advice to people affected by violations of human rights by companies in order to ensure Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 9 technical structure, logistics for adequate participation, which n.572/2022 PL must be chosen by the people affected and funded by the Presentation: 03/14/2022 -Table 18:58 violator entrepreneur; IV - Adopt additional protective measures against violations of human rights committed by companies of its owned, under their control and/or that receive support and services from state bodies, such as official export credit bodies and official insurance or investment guarantee bodies; V – Guide the performance in multilateral institutions by the respect, protection, promotion, and primacy of human rights in business-related issues; VI – Ensure that large undertakings and infrastructure projects respect human rights, from the planning phase, in accordance with Convention no. 169 of the ILO, with regard to the right to prior, free, informed and good faith consultation and the need for consent of indigenous peoples, quilombolas and traditional peoples and communities. VII - Create mechanisms to improve the effectiveness of legal instruments for access to information that are useful for preventing, investigating or repairing violations of Human rights; VIII – Ensure that all bodies and entities of the Direct and indirect Public Administration recognize, publicize and promote human rights, through adaptations in their procedures and services and training of its staff, establishing cooperation and mutual assistance among themselves; IX - Guarantee instances of participation to *CD222886277400* representatives of all communities affected by the installation of the enterprise to accompany monitoring measures, prevention and eventual reparation of human rights violations. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 10 X - Ensure that the legislation regulating the activity n.572/2022 PL business l, do not restrict, on the contrary, make it possible for companies Presentation: 03/14/2022 -Table 18:58 do not violate or contribute to the violation of Human Rights; XI - Establish, maintain and strengthen warning systems and network of channels for denouncing violations of Human Rights Human committed in the context of business activities for use of suppliers, male and female workers and the community, considering the entire production chain; XII - Ensuring mechanisms for the protection of people affected by human rights violations by companies, as well as as human rights defenders who find themselves in a situation of risk and threat, due to their performance in denouncing violations; XIII - To improve the protection mechanisms for water resources, ensuring the accountability of companies responsible for supplying in cases of environmental damage, ensuring that the population does not have access to drinking water and that solutions remedies for the problem are given within a reasonable time; XIV - Ensure that compensation processes and compensation for any individual, collective and diffuse damages caused by business activity do not give rise to new Human Rights violations; XV – Ensure that financing and investments carried out by the public authorities respect the integrality of the Rights Human Resources, with subsidy policies for companies being prohibited violators, especially the tax exemption; XVI - Improve public programs and policies *CD222886277400* combating child labor and work similar to slavery; XVII – Adopt measures aimed at groups in situation of vulnerability and severe situations; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 11 XVIII- Prevent activity monitoring n.572/2022 PL business by the companies themselves replace the supervision of these Presentation: 03/14/2022 -Table 18:58 by the State, with regard to security measures, preventing the occurrence of disasters and serious accidents of work, compliance with environmental legislation, as well as any other related to fundamental guarantees of protection to Human Rights in all their dimensions; XIX – Be responsible for impact studies social, labor and environmental, which must be prior to authorization economic activity and rely on effective social participation in its elaboration and election of indicators and methodologies. XX - In case of violations of human rights committed by Brazilian companies in other countries, facilitate the access of victims to Brazilian jurisdiction, being prohibited the application of the “forum non conveniens” institute . XXI - In cases of violations of human rights that jeopardize the public purse, the State is obliged to demand complete refund. Art. 10. The Union, the States, the Federal District and the Municipalities, within the limits of their powers, must comply with their obligations in this regard under any treaties or other agreements of mutual legal assistance or cooperation international law, and even in the absence of them, it must promote the facilitation as far as possible under domestic law and International. *CD222886277400* Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 12 n.572/2022 PL Presentation: 03/14/2022 -Table 18:58 CHAPTER III RIGHTS OF PEOPLE, GROUPS AND COMMUNITIES ACHIEVED Art. 11. Are considered rights of people, groups and communities affected by violations or potential violations of human rights: I – Recognition of the insufficiency of those affected and those affected vis-à-vis companies, applying the inversion of the onus of proof in cases where the impossibility of its production may hinder access to justice; II – The guarantee of negotiation balanced with the with technical support for groups in a company situation, vulnerability and, whenever possible, support from the Public Defender's Office the Federal District, the States and the Union; III - The application of the constitutional and conventional principle of reasonable duration to collective and individual, judicial or extrajudicial, dealing with reparation of violations of Human Rights by companies, guaranteeing them the due priority; IV - The guarantee of respect for the principles constitutional principles of due process of law, the contradictory and the broad defense, including providing full legal assistance free of charge to vulnerable people and groups; V - The guarantee of external control of the activity corporate through the supervision of trade unions and other professional *CD222886277400* associations, the Public Prosecutor's Office and the Public Defender's Office; VI - The prior, free, informed and good faith consultation of the indigenous peoples, quilombola communities and peoples and communities Signed electronically by Dep. Helder Salomão and others To check the signatures, go to https:// infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 13 traditionally affected by business activity, ensuring the n.572/2022 PL right of veto to undertakings in their territories, the right to Presentation: 03/14/2022 -Table 18:58 consent, as well as the respect and promotion of protocols of consultation prepared by the communities; VII – State monitoring and inspection of prevalent way over those practiced by the companies themselves with regard to preventive and restorative measures, such as security measures, prevention of disaster occurrence and serious accidents at work and compliance with environmental legislation; VIII – The right to adequate information and participation communities potentially affected by the projects companies in the implementation of all preventive measures of Rights violations; IX - Nullity of extrajudicial or judicial agreements by state bodies and the justice system that exonerate companies of its obligations to fully indemnify and repair persons and communities affected by its operations. X – Full compensation for violations of Rights Human rights resulting from business activities; XI – Priority in the processing of legal proceedings involving disasters resulting from business activity, in accordance with the Office's guidelines and instruments for United Nations Disaster Risk Reduction; XII – The centrality of the victim's suffering; XIII - The impossibility of invoking the non-existence of absolute scientific certainty as an argument for postponing the adoption of measures to avoid violations of human rights, health and *CD222886277400* worker safety; XIV – Implementation of non-repetition guarantees. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 14 n.572/2022 PL CHAPTER IV Presentation: 03/14/2022 -Table 18:58 PREVENTION, MONITORING AND REPAIR MECHANISMS Section I - Obligations of companies Art. 12. Companies must prepare a report biannual journal on human rights containing: I - Brief summary of the actions or projects to be implemented by the company in the following semester, with analysis qualitative and quantitative risk of human rights violations linked to the implementation of the activity and indicative of measures of prevention to be adopted; II - Brief summary of ongoing actions or projects and evaluation of the prevention actions put into practice, as well as of any human rights violations that have been perpetrated and consequent damage repair and compensation plan built together with the affected communities; III - Brief summary of repair plans and compensation for damages already in progress, containing assessment of results and protocol change planning for projects following that have similar characteristics to the one that has caused human rights violations. IV - Political commitment of the company to respect the human rights, including labor and environmental rights and its strategy for this purpose, which must contain, as a minimum, the publicity of the expectation that everyone involved in its production chain *CD222886277400* also respect human rights. V - Discrimination against those responsible for implementation of actions, as well as their execution schedule; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 15 VI - Identification of risks to Human Rights, n.572/2022 PL including labor and environmental issues, throughout the production chain. Presentation: 03/14/2022 -Table 18:58 VII - Risk assessment in order to enable a scale of priorities and urgency in relation to the measures to be implemented, strategies to mitigate the identified risks, and monitoring measures of the actions to be implemented and in progress. Paragraph One - The half-yearly periodic reports on Human Rights should be forwarded to the Public Prosecutor's Office Federal, to the Public Ministry of the state or states where actions/projects are being carried out, to the Public Defender's Office Union, to the Public Defender's Office of the state where they are being actions/projects are carried out, as well as to the National Council of Human Rights - CNDH. Second Paragraph - The companies that must, by their characteristics, prepare the semi-annual periodic report on Rights Humans should keep on a web page with public access unrestricted sufficient information to assess concrete suitability of the company's performance for the prevention, evaluation and compensation/reparation for human rights violations, ensuring, also in other non-virtual ways, that potentially affected communities are aware of all information, which should be done in simple and accessible language, with alternatives for illiterate, blind and people who do not speak Portuguese. Paragraph Three - The failure to prepare the semi-annual periodic report on human rights may justify the embargo *CD222886277400* preventive control of activities by the competent authority, as well as the accountability of managers and the company itself. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 16 Fourth paragraph. The Micro Companies and Companies of n.572/2022 PL Small Porte are excluded from the obligations contained in this Presentation: 03/14/2022 -Table 18:58 article until a specific law regulates the form, content and periodicity differentiated for these companies. Art. 13 - If there is an obligation to repair, the violating company should create a Fund to cover basic needs of the people, groups and communities affected until the process of full repair of the damage caused. I - The Fund will be managed 50% by representatives of the affected communities, 25% state representatives, 25% representatives of the Public Defender's Office; II - The Public Prosecutor's Office will act exclusively on the condition of tax of the execution and management of the Fund. III- The Fund will serve as a security deposit for response to emergency and remedial measures affected communities. Single paragraph -. As long as the fund is not regulated, the money will be deposited in an official credit institution, in has monetary correction, to be managed by the responsible court for assessing the claim for damages. Art. 14 -. The Fund referred to in art. 13 will have as objectives general, among others: I - Provision of resources for financial assistance emergency to the affected population to guarantee their subsistence; *CD222886277400* II - Meeting priority health demands resulting from acts caused by the violation of human rights; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 17 III - Provision of drinking water, in cases where n.572/2022 PL the sources previously used for the Presentation: 03/14/2022 -Table 18:58 community supply; IV - Hiring and Support for Technical Assistance Independent to act as an emergency service team; V - Assurance of advisory services for preparing the matrix damage repair; VI - Guarantee of access to the internet, displacement and food for community leaders in the processes of negotiation with companies and the Public Power.; VII - Other specific demands presented by the affected people, communities and groups. Section II - Obligations of the Union, States, Federal District and Municipalities Article 15. The Union, the States, the Federal District and the Municipalities, within the scope and limits of their powers, have created new mechanisms or will use existing mechanisms of effective and appropriate out-of-court reporting procedures for the receipt and processing, at the administrative level, violations of rights by companies, and must also promote: I - Training of public servants and dissemination the theme of human rights and companies, focusing on the responsibilities of public administration and companies, of according to the national and international frameworks of the subject and analogous reference documents. Training should be led by subject *CD222886277400* matter experts and lasting, not limited to conversation circles or seminars; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 18 II - Policies for the prevention, treatment and repair of n.572/2022 PL human rights violations in sectors with high potential for Presentation: 03/14/2022 -Table 18:58 violations of Human Rights, such as the extractive, retail and consumer goods, infrastructure, chemical and pharmaceutical sectors, between others; §1 In order to guarantee their effectiveness, the mechanisms provided for in the caput must adopt the following principles: I – Legitimacy; II – Accessibility; III – Predictability; IV – Equity; V – Transparency; VI - Impersonality; §2 The mechanisms set out in the caput must establish well-defined and well-known procedures, with a deadline indicative of each stage, and clarification on the processes and possible outcomes, as well as the means to monitor their Implementation. §3 The mechanisms set out in the caput must seek review and continuous improvements, seeking compliance with International System for the Protection of Human Rights, and ensuring the broad and effective participation of potentially hit. Art. 16 With regard to reparation and accountability of the companies, will be taken into account, in the application of the sanctions: *CD222886277400* I - the seriousness of the violation; II - the advantage possibly obtained by the companies who committed, directly and indirectly, the violation; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 19 III - the level of injury generated or the danger of injury n.572/2022 PL produced; Presentation: 03/14/2022 -Table 18:58 IV - the effects generated directly and indirectly by the violation; V - the economic power of the companies that practiced, directly or indirectly, the breach or produced its risk of occurrence. VI - the number of people placed in a situation of violation of rights, or exposed to danger of injury; Sole paragraph: in actions that seek reparation for damages resulting from violations of human rights cannot any types of legal or conventional limits may be applied to value arbitrage. Art. 17 - In the event of granting an injunction in actions that deal with this Law, the expedient of suspension of the injunction, provided for in article 4, §1, of Law No. 8,437, of 1992, and in article 12, paragraph 1, of Law n. 7,347, of 1985. Art. 18. They will be used as mechanisms of accountability, among others not foreseen in the exemplary list below: I - interdiction or suspension of activities carried out by companies related to the breach or risk of breach until that they take the necessary remedial and preventive measures; II - loss of assets, rights and values that may have been obtained from the violations produced; III - prohibition of receiving incentives and *CD222886277400* contracting with the Public Power until it conforms to the provisions contained in this Law; IV - payment of a fine; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 20 V - and, in cases of proven bad faith, the transfer n.572/2022 PL of shares, movable and immovable property that guarantee the source of production, and Presentation: 03/14/2022 -Table 18:58 of corporate control to workers, or the compulsory dissolution of the entity. VI - When establishing the penalty, the consider cases of recidivism in violations of human rights humans. VII- Disregard of the legal entity, as provision already existing in the Consumer Protection Code; Art. 19. In the event that they are proposed and negotiated agreements between the Government and legal entities violations of human rights, in relation to damages caused to community, committed in the context of business activity, whether in the extrajudicial or judicial sphere, such practice must be guided by the search solutions that guarantee human rights, observing the dictates described below: I - Listening, interlocution and participation of male and female workers, union entities, people and affected communities, their supporters and technical advisors, in creation of instances and procedures to be adopted for human rights guaranteeing solutions; II - Participation of bodies responsible for policies public bodies of Human Rights, as well as bodies of the justice, favoring the adoption of solutions that promote integral reparation of the violations; III - Prioritization of the way of life, culture, uses and customs of indigenous peoples and quilombola communities and *CD222886277400* traditionally affected by human rights violations resulting from of business activity, as well as beliefs and traditions, respecting Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 21 the social organization of each affected community, considering, n.572/2022 PL also, the need for prior consultation, free, informed and in good faith; Presentation: 03/14/2022 -Table 18:58 IV - Individual agreements or terms of adjustment of conduct that may be entered into cannot generate the flexibility of guarantees and principles legally and constitutionally provided for and that are subject to recognition by judicial means or mitigate the full liability of companies for violations of Human Rights committed in the context of its activities; V - Prior listening by the Palmares Foundation in cases in which that quilombola communities are potentially affected; VI - Prior hearing of the National Indian Foundation - FUNAI, in cases where indigenous peoples are potentially affected; VII - Prior hearing of the Institute of Historical Heritage and National Artistic - IPHAN in cases of potential violation of property cultural. VIII - Communication to the National Council of Rights Human Resources about the violations that occurred, so that it can monitor the measures taken; IX - Prohibition for public agents who acted in the front of the negotiation act in the same cases as representatives of private actors, providing for the obligation to comply with an impediment period of 5 years. Art. 20. It is up to the State to create mechanisms for the participation of civil society and other interested actors in the elaboration, implementation and execution of public policies that deal with this Law, through: *CD222886277400* I - holding conferences, public hearings and strengthening of the self-organization of those affected, among other mechanisms; Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 22 II - Recovery policies for impacted territories n.572/2022 PL for business activities and monitoring of repairs Presentation: 03/14/2022 -Table 18:58 borne by companies. III – Promotion of articulation and exchange of experiences existing judicial and non-judicial mechanisms and the fight against obstacles existing in their actions; IV – Concrete legislative proposals to improve the participation, accessibility, predictability, equity and transparency in the legislation that regulates the relationship between economic agents and subjects of human rights, with special attention to the improvement of inspection mechanisms and strengthening of their integrity, and improvement of access mechanisms to the information from those affected; V – Concrete proposals for monitoring and intervention in production chains with greater potential or violation effective human rights; VI – Carrying out or encouraging the carrying out of studies, with the participation of civil society, academic institutions and from other actors, with a view to improving public policies and legislation and the adoption of plans for the protection and promotion of respect for human rights by companies; VII - Carrying out or promoting the carrying out of studies of social impacts of business activities, taking into account gender inequalities, sexual diversity, race, class, as well as guaranteeing the protection of indigenous, quilombola and traditional communities, demanding compliance with the Human rights in all their dimensions as conditions *CD222886277400* the implementation of the project; IX – Carrying out or promoting the carrying out of studies on the environmental impacts of business activities, including Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 23 work environment, demanding the observance of the Rights n.572/2022 PL Humans in all their dimensions as conditions for Presentation: 03/14/2022 -Table 18:58 implementation of the enterprise; CHAPTER V - FINAL PROVISIONS Art. 20 - The fund referred to in art. 13 of this Law must be regulated by the federal executive within 90 days. Art. 21 - Any resources resulting from the implementation of the actions provided for in this law shall run through appropriations own budgets. Art. 22 - This law comes into force on the date of its publication. Brasilia, March 14, 2022 JUSTIFICATION *CD222886277400* Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 24 In Brazil, there are numerous cases of violations of human rights. n.572/2022 PL humans by companies. Among them we can highlight: the Presentation: 03/14/2022 -Table 18:58 silver rain that affected the residents around the industrial-steel complex in Baía de Sepetiba/RJ; the compulsory displacement of residents from different neighborhoods of the city of Maceió/AL, due to the extraction of rock salt in the region; O rupture of the mining tailings dam in Mariana/MG, Brumadinho/MG and Barcarena/PA; oil spill in northeastern coast; the case of residents of the neighborhood of Santa Cruz, in Rio de Janeiro/RJ that suffer from pollution from steelworks. These cases have in common a great difficulty in accountability of companies for violations of human rights human beings, in spite of the existing national legislation, of protection to the environment and human rights. In these situations, many Sometimes the Brazilian State ends up bearing the burden of social rights, such as social security, social assistance, health, not managing, due to the asymmetry of powers, to make companies pay for the violations committed. Furthermore, in some cases, the State abstains from its role in enforcing human rights, giving protagonism to companies, or in an even worse scenario, acts in complicity with human rights violations. Many of these violations make Brazil constantly denounced in the international system for the protection of human rights, there are dozens of cases in the inter-American system, as well as being the subject of recommendations to the country in the Annual Periodic Review (2017). Over the last 40 years, the asymmetry of powers and the culture of corporate impunity has been the subject of intense debate *CD222886277400* on the international scene. In 1972, Salvador Allende, president of the Chile, makes a call to the United Nations Assembly on the Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 25 need for regulation of transnational companies1 , throughout the n.572/2022 PL In the following years, several initiatives were set up to promote Presentation: 03/14/2022 -Table 18:58 of the debate: conformation of the Commission of Transnational Societies of the Economic and Social Council of the United Nations that established as a priority, investigate the activity of transnational companies and draw up a code of conduct for them; the creation of the Center of Transnational Corporations at the United Nations in 1974; The publication in 1976 of the Guidelines for Multinational Enterprises of the Organization for Economic Co-operation and Development (OECD); in 1977 the Tripartite Declaration of Principles on Multinational Companies and the Organization's Social Policy International Labor Organization (ILO); in 1998, after the dismantling of the Commission and the Centre, there was an initiative within the subcommittee for the Promotion and Protection of Human Rights to create a working group that develops methods for study transnational business activities in relation to the realization of economic, social, cultural and human rights development. This subcommittee in its resolution marks the obstacle to realizing rights against the concentration of power economic and political power of large corporations. In 2005, initiatives are resumed with the designation of John Ruggie as Special Representative of the General Secretariat for develop a framework for human rights and business, which resulted, in 2011, in the Guiding Principles on Business and Human Rights, approved by the Human Rights Council of the UN. Although they were an important step on the agenda, the Guiding Principles are voluntary and have absences *CD222886277400* relevant in its content, and civil society is constantly drawing attention to its inadequacy. 1 General Assembly of the United Nations, 1972. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 26 Also, more recently, the Human Rights Council itself n.572/2022 PL of the UN, through the Intergovernmental Group, with a focus on Presentation: 03/14/2022 -Table 18:58 in Resolution no. 26/9 of 2014, has been working on the elaboration of a International Treaty on Human Rights and Business. Although still under negotiation, the proposals presented contain various mechanisms for repairing the victims, affirming the urgency of the theme. In Brazil, the agenda has been discussed among several organizations with the National Human Rights Plan 3 (PNDH3) which establishes a series of responsibilities to state entities for that human rights are guaranteed in project situations and undertakings with great socio-environmental impact, ensure the right to participation and the construction of mitigating and compensatory measures. The Federal Attorney for Citizens' Rights (PFDC) through the Business and Human Rights Working Group, together with organized civil society, after a broad participatory consultation process, prepared a technical note on the theme, which contemplates issues such as jurisdiction almost universal, full reparation and, once again, free, prior and informed consent2 . In terms of regulatory framework, even though it has legislation sparse on environmental protection, labor, and other rights fundamental, there are significant gaps in the regulation of business activities in the Brazilian territory and in the reparation of victims, such as illustrate the above cases. Much of the lack of accountability is due to the non- existence of a unified legal diploma that can fill some of these gaps and facilitate the application of the law by *CD222886277400* of the Judiciary. 2As available at http://www.mpf.mp.br/pfdc/manifestacoes-pfdc/notas-tecnicas/ nt-7-2018 , accessed on 09/18/2021. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 27 This need for a national framework on human rights and n.572/2022 PL companies has been addressed in the Universal Periodic Review, as well as Presentation: 03/14/2022 -Table 18:58 was recommended by the Inter-American Commission on Human Rights in its 2019 thematic report3 . Homa (Center for Human Rights) Humanities and Companies of the UFJF) together with the Fundação Friedrich Ebert Brasil elaborated a technical work in which present in detail the reasons for the elaboration of this milestone4 . The government, through the Ministry of Women, Family and Human Rights, tried to advance in the constitution of a landmark normative through Decree no. 9751/2018. However, the text contains a series of misunderstandings in the understanding of the subject, not being enough to fill regulatory gaps. In addition to not having the necessary popular participation in its formulation. by way of For example, Oxfam Brasil claims, for example, that the decree government on Business and Human Rights, Decree no. 9751/2018, ignored key themes such as the concept of complicity and due diligence contained in the UN Principles and other topics which, although not contained in the principles, are essential to the respect, protection and promotion of human rights in contexts of entrepreneurial activities, such as extraterritoriality; O free, prior and informed consent, in addition to the laws of productive chains5 . Homa also made an analysis of the weakness of the decree and how its construction does not meet the demands of the civil society6 . In this wake, the National Human Rights Council, which has acted in several of these emblematic cases, constitutes a *CD222886277400* 3 Available at: https://www.oas.org/es/cidh/informes/pdfs/EmpresasDDHH.pdf 4 Available at http://homacdhe.com/wp-content/uploads/2021/06/17942.pdf. 5 As available at https://www.oxfam.org.br/setor-privado-e-direitos humano/impacto-das-multinacionais-brasileiras/um-pna-disfarcado/, accessed on 09/18/2021. 6 Available at: http://homacdhe.com/wp-content/uploads/2019/01/An%C3%A1lise-do Decreto-9571-2018.pdf Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 28 Human Rights and Business Working Group, and prepared the n.572/2022 PL Resolution no. 5 of 2020, with a series of guidelines for Presentation: 03/14/2022 -Table 18:58 preparation of public policies on the subject, with the aim of raising the national debate on the subject, contributing with subsidies that make up this bill. Faced with the fruitful international debate, from which one cannot move away from the discussion on the serious violations of human rights in contexts of business activities, with which the State Brazilians have historically been negligent, and neither with the position of open hostility shown by the current government towards the rights of workers, indigenous peoples, women, LGBT's and others oppressed and exploited groups, seeking, through measures strictly symbolic, to silence or contradict the voices that denounce the violations of rights that occurred in Brazil. Based on these concerns, and inspired by Resolution No. 5, of March 12, 2020, of the National Human Rights Council, which establishes “National Guidelines for a Public Policy on Human Rights and Business", we present this project to initiate a discussion on the need for the development of precise legislative frameworks and effective public policies concerning the respect, protection and promotion of human rights in the context of business activities. It is in that same spirit, moreover, that we understand this project. As a step in the continuation of a collective construction that does not start now nor will it end in this text. *CD222886277400* Session Room, in in from 2022. Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google 29 Congresswoman ÁUREA CAROLINA n.572/2022 PL Presentation: 03/14/2022 -Table 18:58 Representative FERNANDA MELCHIONNA Deputy HELDER SALOMÃO Deputy CARLOS VERAS 2021-12850 *CD222886277400* Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400 Machine Translated by Google CHAMBER OF DEPUTIES Infoleg - Authenticator Bill (By Mr. n.572/2022 PL Helder Salomão) Presentation: 03/14/2022 -Table 18:58 Creates the national framework law on Human Rights and Business and establishes guidelines for the promotion of public policies on the subject. They electronically signed document CD222886277400, in this order: 1 Dept. Helder Salomão (PT/ES) 2 Dept. Carlos Veras (PT/PE) 3 Dept. Áurea Carolina (PSOL/MG) 4 Dept. Fernanda Melchionna (PSOL/RS) Electronically signed by Dep. Helder Salomão and others To check the signatures, go to https://infoleg-autenticidade-assinatura.camara.leg.br/CD222886277400