Perspectivas do acesso à justiça internacional para as empresas brasileiras

Abstract

In a context of transnational economy, grounded on the multiplicity of interactions among different social actors, it is possible to note that, although the private law entities get relevant performance in the transnational scenery, to them is not guaranteed in its fullness the status of subject of international law. The nonrecognition as it was rightful, harms its fundamental rights guarantee in a supranational level, especially regarding to the obstacle for them to solve eventual dispute or for them to have investigated and prosecuted violations of their rights made by other subjects in an international instance. Thus, the object of this study is the analysis of the instruments available to the private legal person, in particular the ones with a Brazilian origin, to secure the respect of their rights and guarantees in the international field, compared to apparent lack of global jurisdiction accessible by these subjects. Focusing on the prospects of access to international justice, aim to indicate, using deductive, analytical method, with rules and international jurisprudence analysis, how it is configured the protection of the rights of the Brazilian's companies, and what is the prospect of access to justice at supranational level for them.