Business and Human Rights

TozziniFreire was the first law firm in Brazil to create an exclusive practice area to assist companies in Human Rights issues, officially established in 2020.

The area provides advisory and litigation assistance to companies in human rights matters and their national and international parameters, including (regulatory, legal, and reputational) risk analysis, strategic planning and verification of positive and negative impacts of the company’s performance on human rights, following the UN Guiding Principles on Business and Human Rights. As a pillar of the ESG Multidisciplinary Group, it encompasses the company’s perception of four spheres: (i) the internal public (employees and service providers), (ii) the community in which it operates and its surroundings, (iii) the core activity (service or product generated) and (iv) the production and supply chain.

The key services that we provide for promoting human rights in companies, including the contribution to the “Social” pillar in the ESG criteria, are highlighted as follows:

•    Comprehensive due diligence in Human Rights, comprising potential or actual risks assessment, including negative and positive impacts, directly or indirectly related to the company’s activity and its production chain;
•    Assessment of internal risks and supply chain, with impact analysis on stakeholders, traditional communities, and minority or vulnerable groups;
•    Resolution of human rights conflicts (defendant and plaintiff) – Arbitration, mediation and lawsuits;
•    Guidance on Human Rights standards, Responsible Business Conduct, and Social and Environmental Responsibility;
•    Negotiations with the Public Prosecutor’s Office, the Defender’s Office, and other supervisory bodies, as well as civil society organizations;
•    Guidance and guidelines for consultations and relationship with surrounding communities, including traditional peoples and communities;
•    Elaboration of Relationship Policy with Traditional Peoples and Communities and legal assistance for Prior, Free and Informed Consultation to impacted Indigenous Peoples and Traditional Communities;
•    Draft and review of contracts and contractual mechanisms to adapt to the protection of Human Rights;
•    Review of the human rights governance structure, focusing on the effective implementation and monitoring of human rights commitments and policies;
•    Implementation of ESG integrity programs and risk control and monitoring mechanisms;
•    Development of internal Human Rights Policies, Guidelines and Commitments to Respect Human Rights, and review of guidelines for external communications;
•    Elaboration of a Code of Conduct on Human Rights, Diversity and/or Social and Environmental Sustainability for the internal public, suppliers and/or leadership;
•    Application of training on Human Rights, as well as diversity and inclusion;
•    Assistance in projects of social and environmental, impact and responsible investing.

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