O Direito transnacional como possível agente fomentador da responsabilidade social das empresas

Abstract

Despite the apparent contradiction between the willingness of corporate social responsibility and coercive character of positive law, it is impossible to conceive of legal provisions which serve as incentive for the emergence and maintenance of socially responsible companies. This discussion is perfectly permissible in law, but the current reality shows that this model of law is not enough, considering the complexity of society, the internationalization of business and the need for its regulation. To do this we must think of a new way of organizing the world where you can match the international environment with transnational relationship between the market and the National States. The timing shows that the domestic laws of each country and international law are not sufficient to regulate the relationships of international society, so it is necessary to think of a new model, equipped with transnational structures, without the exclusion of nations, but allow the adequate social control by law. With regard to corporate socia responsibility, that very act in the international environment are also usable common sanctions or penalties premiais calls, as ways of encouraging entrepreneurial activity responsible for the impacts of their actions on society.