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.

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Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.