BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)
of war and peace that Hugo Grotius will start the concept. 9 The right to peace continues to be, especially after the process of internationalization of human rights, especially after the horror of World War II, a theme still under debate and now classified as a diffuse right (and even cross-border when dealing with internal conflicts) or at least a diffuse issue, since there is a polemic about classifying peace as a fundamental right. 10 The following demands will be all more recent such as the environment, consumer rights, the right to the development of peoples, etc. International business, on the other hand, is projected as an unfolding of economic thought, often uncritical, in which there are few reports of unworthy practices, such as the fact that some foreign multinationals have brought to Brazil heavily damaging environmental parks, public health and its workers, thus banned in Europe and the United States in the 1970s, and their operations causing a wide variety of damages, including social, environmental and cultural damages, including irreversible losses, such as the death of workers. 11 This study is based on the understanding that there is an immense vacuum in the transnational areas regarding the need of market and financial multinationals, in the context of international business, to guarantee effectively the fulfillment of Human 9 According to tradition, Natural Rationalist Law would have been conceived almost by chance from the thesis of the Dutchman Hugo Grotius, in the historical book De Jure Belli ac Pacis (published in 1625), in the sense that the Natural Law would exist even though God did not because it is a matter of the natural rights of a rational being “(...) which can not be conceived without a great crime, that is, that there was no God or that human affairs are not objects of his care. GROTIUS, H. O Direito da Guerra e da Paz . Volume I. I juí: Ed. Unijuí, 2004. p. 40. Although we must consider the criticism of Herrera Flores that casts doubt on the true intentions of Grotius (HERRERA FLORES, J. Los derechos humanos como productos culturales: crítica al humanismo abstracto . Madrid: Catarata, 2005. p. 94), there is no doubt that it will be from this conception of Natural Law of the Dutch thinker that the following authors began to treat the question differently from the Classic Natural Law of religious background and consequently the natural right happens to be gradually separated from the religion by the following and historical free thinkers like Samuel Pufendorf, Chistian Wolf and Chiristian Thomasius among others. On the issue at hand, see: GARCIA, M. L. The contribution of Christian Thomasius to the process of formation of the ideal of fundamental rights . MARTEL, L. C.V. (Org.). Contemporary Studies of Fundamental Rights . Rio de Janeiro: Lumen Juris, 2009. p. 3-26. 10 Regarding the controversy that results from the difficulty of classifying the right to peace as human rights, the following words and the aforementioned article by Maria Eugenia Rodríguez Palop are interesting: “I know very well that the defense of the right to peace as a human right is not only not habitual but has been aggressively answered by a good part of the theorists who dedicate themselves to these issues, with the aggravating circumstance that some of these criticisms are widely founded. The right to peace, in addition, has not been sufficiently studied or analyzed in depth, but gives the impression that it has left the field of play before starting to play. And that’s what, I think, you have to try to avoid. Avoid a fundamentalism of human rights that leads us to exclude, without discussing them, demands that are frequently found in public spaces and that have been raised by a large number of social movements “. PALOP, María Eugenia. El derecho a la paz: un cambio de paradigma. In CAMPOY CERVERA, I.; REY PÉREZ, J. L.; (Orgs.). Desafíos actuales de los derechos humanos: reflexiones sobre el derecho a la paz . Madrid: Dykinson, 2006. p. 51. In the same way, for an interesting debate on the right to peace, see: RUIZ MIGUEL, A. Do we have the right to Peace. Anuario de Derechos Humanos , n. 3, 1985, p. 397-434. 11 RODRIGUES, C. Public enemies: corporate crimes and necrocorporations .Thesis (Doctorate in Administration) – School of Business Administration, Fundação Getulio Vargas, 2013.
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