Manoela Carneiro Roland is Professor at the UFJF Law School and General Coordinator of Homa – Brazilian Institute of Human Rights and Business. PhD in International Law and Postdoctoral Fellow in Human Rights and Business.
Laura Íñigo Álvarez is Assistant Professor at NOVA School of Law and Scientific Coordinator of the NOVA BHRE. Currently she is coordinating an Erasmus+ Project on Corporate Respect for Human Rights in Conflict-Affected and High-Risk Areas (CAHRA).
On 9 and 10 of September 2025, Homa -Brazilian Institute for Human Rights and Business, together with the Brazilian National Human Rights Council (CNDH), Friends of the Earth Brazil (FOEi), Friedrich Ebert Stiftung (FES), Worker´s Union (CUT), Movement of people Affected by Dams (MAB), Justiça Global, and Instituto Lavoro, organised a regional seminar on human rights and business in Latin America with the participation of civil society organisations, trade unions, human rights defenders, academia and members of parliament from different Latin American countries such as Brasil, Uruguay, Argentina, Colombia and Mexico. The event was supported by a new international network, GICA (Global Initiative for Corporate Accountability) which seeks to encourage initiatives for the regulation of business in relation to human rights. The seminar brought a rich discussion about the effectiveness of current instruments on business and human rights, the need to ensure access to remedies and the key role played by human rights defenders and civil society organisations. At the end of the seminar, a public hearing was held in the Brazilian Chamber of Deputies to discuss the importance of passing Bill 572/2022, a landmark law on human rights and business. English and Spanish versions of the Draft Bill are available on the Global Campaign website.
Some of the main conclusions reached by the participants are:
- The importance of learning from different legislative initiatives on business and human rights by the countries in the region, such as those proposed in Colombia, Uruguay, Argentina and Brazil, and engage in a true regional agenda.
- Putting human rights and victims at the centre of the discussion (consequently talking about “human rights and business” and not the other way around).
- The need to move beyond human rights due diligence legislation and guarantee access to remedies to victims of corporate abuse.
- Addressing human rights implications of mining for key minerals for the transition to a net-zero carbon economy.
- The constant challenges to monitoring the global value chain in all its range.
- The continuous relevance of the negotiating process of the binding treaty on business and human rights.
The Draft Bill 572/2022
Brazilian civil society actively monitored, and to a certain extent led, the process of defining a “national agenda on business and human rights.” Despite all the efforts made, including the organization of the first and only Public Hearing on Business and Human Rights in the country, Decree 9571/2018 was published in 2018, without any social and democratic debate. This rule was later revoked in 2023 by the new Minister of Human Rights and Citizenship in Lula’s government, Silvio Almeida.
The Homa Institute for Human Rights and Business was called upon by the Brazilian National Human Rights Council (CNDH) to assist in the drafting of a document opposing Decree 9571/2018. This would serve to express dissatisfaction with the lack of transparency in the process of drafting it and stress the differences between the guidelines established in the former Decree and the demands by civil society since 2012. Thus, after extensive debate, on 12 March 2020, Resolution No. 5 of the CNDH was approved in the Plenary, which “Provides for National Guidelines for a Public Policy on Human Rights and Business.” The Resolution was soon dubbed the “anti-decree.”
However, in April 2021, during the administration of former President Jair Bolsonaro, at a public hearing in the Chamber of Deputies, in the Human Rights and Minorities Commission, Brazil presented its thematic report on business and human rights, in response to the United Nations Universal Periodic Review Mechanism. When presenting Brazil’s response, the then Ministry of Women, Family, and Human Rights, led by Minister Damares Regina Alves, announced that Brazil would finally develop a National Action Plan on Business and Human Rights, based on the undemocratic Decree 9571/2018.
As a response, and in order to anticipate the government’s bill, civil society organizations and social movements created a working group with the aim of drafting a new bill, a binding norm, which would be representative of the “voices of civil society” on what was intended as specific national legislation on the issue of Human Rights and Business. Parliamentary advisors, especially from the PT and Psol parties, participated more directly in the drafting of the bill, in addition to Homa, Friends of the Earth Brasil, CUT, MAB, FES and Instituto Lavoro.
One of the main characteristics of the Framework Law is that it is truly intended as human rights legislation, going beyond the voluntary frameworks recognized by the traditional Business and Human Rights Agenda, such as the UN Guiding Principles. The Law ensures the primacy of human rights over trade and investment agreements; the principle pro persona, in the case of normative conflicts; and the defense of the centrality of the victim’s suffering, which appears as a cross-cutting principle throughout the bill, seeking to guarantee not only the participation of those affected by human rights violations, but also their leading role, such as the provision of the right to consent. Moreover, civil, criminal and administrative liability for corporate action is provided for throughout the global value chain. Finally, the right of access to justice and due process encompasses the possibility of reversing the burden of proof in favor of victims, as well as the recognition of the need to protect human rights defenders and prevent their criminalization.
The Bill also includes a provision regarding corporate due diligence, reflecting the global trend represented by European legislation, which may serve as an incentive for Latin American initiatives, but which take into account regional specificities. In this regard, there are other current initiatives inspired by the Brazilian Framework Law that have been filed in Argentina, Uruguay and Colombia. In particular, in Colombia, there is a legislative proposal on Human Rights and Business, led by Deputy Alírio Uribe Muñoz, Draft Bill 153 of 2025 on Human Rights and Business, that was inspired by the Brazilian Framework Law.
Modern slavery in Brazil: current developments and caselaw
Within the broader agenda on business and human rights, a key priority is the fight against forced labour and modern slavery. Brazil has established a range of legal and policy frameworks to address these challenges. In this regard, Article 149 of the Brazilian Criminal Code prohibits the subjection of persons to conditions analogous to slavery, either by submitting it to hard labor or the exhausting journey, or subjecting them to degrading working conditions or restricting, by any means, locomotion due to debt incurred with the employer or agent. Brazil has also adopted a national policy on contemporary forms of slavery, such as the National Plan for the Eradication of Slave Labour of 2003 which created the National Commission for the Eradication of Slave Labor (Conatrae). The Plan has since then been updated in 2008 and 2025.
Moreover, the so-called “Dirty List”, officially known as the Cadastro de Empregadores, was adopted in 2003 and consists of a compilation of employers who have been found guilty of subjecting workers to conditions analogous to slavery. The Dirty List has been considered by the UN and the ILO as an example of innovative practice as it promotes transparency and strengthens accountability among businesses which engage in contemporary forms of slavery.
The UN Special Rapporteur on contemporary forms of slavery, Tomoya Obokata, conducted an official visit to Brazil between 18th and 29th of August 2025. Despite some policy and legislative improvements, the Rapporteur highlighted the need to “strengthen accountability of perpetrators, including businesses and employers in the entire value chain, by enforcing criminal and civil law provisions more rigorously with appropriate/proportionate penalties”, as well as “adopt a national law and policy on human rights and business, including provisions on environmental and human rights due diligence as soon as possible”.
More recently, a historic ruling was adopted in September 2025 by the Brazil’s Labour Court condemning the multinational Volkswagen for exploiting labour in conditions analogous to slavery. These violations occurred between 1974 and 1986 at the Vale do Rio Cristalino Farm, also known as the Fazenda Volkswagen, located in Santana do Araguaia, in the state of Pará. According to the judgment, approximately 300 workers lived in substandard housing, received insufficient food, and were forced to remain on the farm under a debt bondage system. The court ordered the multinational to pay 165 million reais ($30.44 million) in compensation for collective moral damages. As highlighted by Danielle Pamplona and Hartmut Rank, “The judgment contains numerous significant findings that will serve as important references for future cases involving serious corporate human rights violations”.
Concluding remarks
Drawing on the experiences of Brazil and other Latin American countries, we aim to highlight that these guidelines and initiatives constitute an important contribution to the Business and Human Rights frameworks. Nevertheless, if we are to advance an agenda that truly reflects international human rights standards, it is essential to incorporate the lessons learned from the struggles of human rights defenders and indigenous peoples on the ground, alongside the existing national and regional regulatory frameworks for human rights protection.
.
Suggested citation: M. Roland, L. Álvarez, ‘The Brazilian Agenda on Human Rights and Business: The Draft Bill 572/2022 and current developments regarding modern slavery ‘, NOVA BHRE Blog, 30 December 2025