On November 10, 2023, the Brazil Federal Government published Federal Decree No. 11,772/2023, establishing an interministerial working group to draft a proposal of a National Policy on Business and Human Rights. The working group is expected to propose public policy measures to:
- Promote human rights in the business environment
- Redress human rights violations
- Implement these policies
Pursuant to the decree, the working group will comprise representatives from 16 government agencies and will meet monthly for a period of 180 days, which may be extended a further 180 days. According to the Ministry of Human Rights and Citizenship, intense public commenting is expected during the drafting of the policies.
The decree followed Brazil’s participation in the 9th session of the Intergovernmental Work Group of the UN Human Rights Council, during which Brazil reinforced its commitment to the business and human rights agenda and to adopting the International Treaty on Business and Human Rights, currently under negotiation.
Bill No. 527/2022, which aims to create a National Framework on Business and Human Rights, is currently being discussed in the Chamber of Deputies.
The creation of the working group, the monitoring of its work, and the results of its efforts will be of significance to the business sector because of the potential impact on business activities—particularly those activities related to human rights, supply chains, and climate change.
The Environmental, Climate Change and ESG Practice of Tauil & Chequer Advogados in association with Mayer Brown is available for further consultation.