ESG Law Review最新文献

{"title":"Contractual Relationships Between Biotechnology Companies and Traditional Peoples: Analyzing Intellectual Property Rights and Sustainable Development Perspectives","authors":"Ana Carolina Lucena Brito, André Luís Fregapani Leite, Valmir César Pozzetti","doi":"10.37497/esg.v4issue.1610","DOIUrl":"https://doi.org/10.37497/esg.v4issue.1610","url":null,"abstract":"This research aims to analyze the contractual relationships that form between biotechnology companies and traditional peoples when the former utilize the knowledge of the latter to reduce research costs and time, leading to profit generation and proper compensation for the traditional knowledge provided. The study highlights the legal significance of protecting intellectual and industrial property rights, incorporating an analysis of the historical evolution of legal instruments on a global scale, such as the 1883 Paris Convention and the establishment of the World Trade Organization through the 1994 Marrakesh Agreement, with its key instrument being the TRIPS agreement. TRIPS serves as a milestone through which many countries have regulated their domestic intellectual property norms, including Brazil, which is a signatory to the agreement. In Brazil, this domain has undergone modifications since the 1988 Federal Constitution recognized intellectual property as a fundamental right, culminating in the enactment of the current legislation on the subject, Law No. 9.279/96. This law ultimately regulates patent registration and associated obligations, among other provisions. Notably, the concept of green patents has emerged to protect biotechnological innovation knowledge, aiming to promote sustainable development in industrial production. However, grave violations of the rights of indigenous and traditional peoples have been observed in this field, as companies have appropriated their ancestral knowledge through patenting. Consequently, after intense debates and new perspectives, it has been acknowledged that such knowledge should not be subject to patents. In conclusion, it is determined that the \"Green Patent\" program has the potential to contribute to significant technological and economic advancements in Brazil, but it must always adhere to the guidelines of sustainable development, which encompass social and environmental rights, ensuring reasonable rights and safeguarding their inviolability.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117169140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corporate Governance, Historical Rescue And Relationship With Compliance","authors":"Marcos Pedroso Neto","doi":"10.37497/esg.v4issue.1611","DOIUrl":"https://doi.org/10.37497/esg.v4issue.1611","url":null,"abstract":"\u0000 \u0000 \u0000This paper aims to introduce the concept of corporate governance by exploring its origins, historical context, and its relationship with compliance and best practices. The objective is to shed light on the fundamental roots of corporate governance and establish its connection with compliance and best practices, in order to raise awareness and prevent distortions in its understanding. The origins of corporate governance can be traced back to the examination of mismanagement within corporations during the 1970s, while compliance emerged as a response to the growing need for enhanced stability, security, and transparency in international financial transactions. These historical developments underscore the significance and responsibility associated with the subject matter. \u0000Originating from the corporate landscape of North America, corporate governance has expanded globally and established strong foundations in Europe and Japan. Brazil, in particular, boasts reputable institutions such as the Brazilian Institute of Corporate Governance (IBGC), the Brazilian Bar Association, and non-governmental organizations like the Legal Ethics Compliance, which serve as valuable references. The advent of the internet has transformed society into an information-driven era, altering the dynamics of knowledge acquisition. \u0000Employing an empirical-argumentative research methodology, this study aims to emphasize the relevance of corporate governance and promote a comprehensive understanding of the topic. It highlights the concerning trend of distorting its true significance, often misleadingly presented through oversimplified step-by-step processes and tutorials by inadequately qualified professionals. The paper underscores the importance of adaptation and even reinvention within corporate entities. By providing a proper contextualization of corporate governance, it endeavors to rectify these misconceptions and encourage the appropriate application of corporate governance principles within the corporate landscape. Thus, this research aims to recover the historical origins of corporate governance and preserve its accurate approach and comprehension. \u0000 \u0000 \u0000 \u0000 \u0000  \u0000","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115590121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enforcing Anti-Corruption Law in Cases of Superficial Compliance Implementation","authors":"Eduardo Adolfo Ferreira","doi":"10.37497/esg.v4issue.1587","DOIUrl":"https://doi.org/10.37497/esg.v4issue.1587","url":null,"abstract":"\u0000 \u0000 \u0000This study explores the application of Article 7, Item VIII of the Anticorruption Law (Law 12.846/2013), which considers the existence of integrity programs when imposing sanctions on companies that engage in harmful acts against the Public Administration. Using a descriptive and exploratory bibliographic research method, the study aims to investigate the effectiveness and validity of anti-corruption compliance programs. The study raises questions regarding the efficacy of compliance programs in preventing crimes against public administration, and the applicability of the mitigation provision in cases where companies adopt \"false compliance.\" Although several states and municipalities have issued anti-corruption laws that require companies to adopt integrity programs, the current legislation does not provide definitive requirements for the implementation of compliance programs. Therefore, the study examines the problem of paper-based compliance or \"false compliance,\" which may result in an artificial instrument and facilitate the transfer of information from top to bottom. \u0000The study argues that compliance programs must not only ensure compliance with the law, but also develop policies and ethical cultures that are aimed at all members of the social organization. This approach aligns with the company's social function principle and ensures that compliance programs, especially those aimed at preventing crimes, are effective. The study concludes that it is necessary to implement a compliance program that complies with compliance resolutions to ensure that the mitigation provided for in the Anticorruption Law is effectively valid and applicable. Ultimately, this study highlights the importance of a robust and effective compliance program in preventing corrupt practices within organizations and promoting accountability among directors and administrators of legal entities. \u0000 \u0000 \u0000","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133181124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Critical Analysis of Environmental Compliance: Brazilian Law 5442/2019 Project","authors":"Jamili Simões, Suelen Bianca de Oliveira Sales, Marcelo Benacchio","doi":"10.37497/esg.v4issue.1588","DOIUrl":"https://doi.org/10.37497/esg.v4issue.1588","url":null,"abstract":"This article aims to examine the environmental compliance in the Brazilian legislation 5.442 / 2019. To achieve this objective, the article delves into the themes of environment, sustainable development, and sustainability, providing a conceptual and contextual foundation for the analysis. Additionally, the article explores the concept of social responsibility, which gains importance in the practical scenario, particularly in the context of ethical business practices. The article also highlights the challenges of applying ethical principles in social responsibility due to the occurrence of corrupt practices by managers. As a result, it argues that measures and mechanisms must be put in place to ensure compliance and to prevent harmful events. \u0000The article proposes that compliance can align an organization's values and objectives through a risk management approach. It further argues that compliance with environmental regulations is essential for economic activities that may harm the environment. In Brazil, Law 5.442 / 2019 aims to enforce environmental compliance and is still pending approval in the Chamber of Deputies. The justification for this law is the ecological disasters that occurred in Mariana and Brumadinho, both in the State of Minas Gerais, which led to the development of internal mechanisms and procedures for compliance, auditing, and reporting irregularities. \u0000The article concludes that the analysis of Project Law 5,442 / 2019 is critical for understanding the voluntary adherence of companies and corporations in Brazil to responsible socio-environmental management. The article emphasizes that the implementation of social responsibility practices should be guided by ethical principles and that compliance mechanisms should be enforced to prevent future ecological disasters. Therefore, the article suggests that the Brazilian government should ensure the approval of Law 5.442 / 2019 and develop additional measures to promote environmental compliance among businesses. Ultimately, this will contribute to the preservation of the environment and promote sustainable development practices in the country.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"70 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113938363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adequate regulation of ESG standards in Brazil: a comparative analysis with European regulation","authors":"Ana Paula Roberti Cristofolini, Carolina Lanzini Scatolin","doi":"10.37497/esg.v4issue.1586","DOIUrl":"https://doi.org/10.37497/esg.v4issue.1586","url":null,"abstract":"This article aims to analyze the European and Brazilian regulation on ESG standards, in order to verify if it would be recommendable - or even beneficial for Brazilian companies, which could take advantage of the flow of Brazilian and foreign investments directed at players who adopt ESG practices - to improve the Brazilian regulatory framework, currently sparse and rather incomplete, so that it can be aligned with international practices, especially European. For this, legislative and regulatory research was carried out, as well as specialized production on the subject. In order to understand the phenomenon of the appreciation of ESG as a whole, it was necessary to use analysis of historical evolution and good practices in the financial market.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116079252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enhancing Contractual Integrity to Ensure Sustainable Agribusiness Practices","authors":"Letícia de Mello Pereira, Maurício Alfredo Gewehr, Marcia Fernanda Alves","doi":"10.37497/esg.v4issue.1589","DOIUrl":"https://doi.org/10.37497/esg.v4issue.1589","url":null,"abstract":"This paper aims to investigate whether the Brazilian agribusiness market is evolving towards full international acceptance, by examining the advances made towards complying with various international rules for product origin integrity. The study utilizes the Normative Instructions of the Ministry of Agriculture, Livestock and Supply (MAPA) / Secretariat for Agricultural Defense as guidelines for the export of agricultural products. The deductive method is used for constructing this paper through bibliographic analysis. \u0000The study contextualizes the importance of contractual integrity in agribusiness, as it assures the buyer that the product is what it claims to be, and that it was produced, processed and transported under the required conditions. The lack of contractual integrity in agribusiness has led to consumer skepticism, boycotts, and market exclusion. \u0000This research analyzes the advancements made by the Brazilian agribusiness market in terms of international acceptance, by examining its compliance with several norms and regulations, including traceability, identification of the origin of products, and conformity assessment. The analysis of these advancements leads to a positive answer to the research question, as the internal agribusiness market has shown a constant improvement towards full international acceptance. \u0000In conclusion, the Brazilian agribusiness market has made significant strides towards ensuring contractual integrity and international acceptance of its products. However, there is still room for improvement, particularly in terms of enforcing compliance with regulations and addressing potential loopholes.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115581452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enhancing Organizational Compliance Programs: The Impact of Data Protection Implementation under the Personal Data Protection Law","authors":"Letícia de Mello Pereira, Maurício Alfredo Gewehr, Marcia Fernanda Alves","doi":"10.37497/esg.v3issue.1612","DOIUrl":"https://doi.org/10.37497/esg.v3issue.1612","url":null,"abstract":"This research aims to address the following question: Is there an intersection between compliance programs and the privacy requirements outlined in the General Data Protection Law (LGPD)? To achieve this objective, the study examines the key legal aspects that directly relate to compliance programs and need to be considered for effective implementation of data protection within a corporate organization, in accordance with Brazilian legislation. The research adopts a deductive method and relies on a thorough analysis of relevant literature. \u0000The findings of this study demonstrate that compliance programs play a crucial role in guiding ethical guidelines within an organization. Given this, it is concluded that compliance programs should incorporate the legislative parameters outlined in the LGPD into their policies and initiatives. By doing so, organizations can ensure that data protection is effectively addressed, aligning their compliance efforts with the requirements of the law. This integration helps organizations establish robust mechanisms to protect personal data, safeguard privacy, and mitigate the risks associated with non-compliance. \u0000The research highlights the importance of considering data privacy as an integral part of compliance programs. It emphasizes the need for organizations to adopt a proactive approach by integrating privacy requirements into their compliance frameworks. By aligning compliance programs with the LGPD, organizations can foster a culture of data protection, enhancing trust among stakeholders and promoting a responsible and ethical business environment. \u0000In conclusion, this study underscores the interdependence between compliance programs and data privacy regulations, specifically the LGPD. It emphasizes the necessity for organizations to incorporate privacy requirements into their compliance strategies, thereby ensuring effective implementation of data protection measures and adherence to legal obligations.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"36 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132616478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unveiling the Historical Reconstruction of Financial Activity: Leveraging Compliance Practices for Implementation and Sophistication in Brazil","authors":"Elizabeth Accioly Rodrigues da Costa, Arick Mendes da Silveira Gomes","doi":"10.37497/esg.v3issue.1601","DOIUrl":"https://doi.org/10.37497/esg.v3issue.1601","url":null,"abstract":"In recent years, economic scandals and fraudulent practices in financial institutions have captured national attention, prompting the demand for ethical conduct, transparency, and responsibility. Compliance, as a form of corporate governance, has gained significance in the Brazilian context, particularly within the financial sector. This research aims to examine how historical banking practices serve as a foundation for the establishment and advancement of compliance mechanisms in optimizing financial activities. Using an inductive methodology supported by bibliographic and documentary research, this study analyzes historical cases to determine if banking activities have deviated and adopted fraudulent systems. The research begins by examining the concept of the contract of deposit of fungible goods in ancient Rome, focusing on the concrete case of the Bank of Calisto I. It then explores medieval banking practices in commercial Italian cities, particularly Florence and the Medici Bank, as well as Catalonia, with emphasis on Barcelona. The study further investigates the financial systems of the modern era, analyzing banks in Amsterdam, Stockholm, and the Bank of England, specifically their handling of deposits and reserve contingencies. Finally, the research explores the link between past banking practices and the contemporary financial system, evaluating current prevention mechanisms, internal and external oversight of banks, and the historical contributions of financial activities to the evolution of existing control mechanisms. This research provides valuable insights into the historical foundations that have shaped compliance practices in Brazil. By understanding the historical context, it offers valuable knowledge for enhancing and sophisticating financial activities within the compliance framework, contributing to improved transparency, risk mitigation, and ethical behavior in the financial sector.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116846753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The General Data Protection Law and the Challenges of Compliance in the Third Sector: An Analysis of Impacts and Alternatives","authors":"Maria da Conceição Lima Melo Rolim, Sandro Mansur Gibran, Raimundo Chaves Neto","doi":"10.37497/esg.v3issue.1602","DOIUrl":"https://doi.org/10.37497/esg.v3issue.1602","url":null,"abstract":"This article examines the implementation of the General Data Protection Law (GDPL) within the Third Sector and explores the challenges faced by organizations in achieving compliance. The objective is to analyze the applicability and effects of the GDPLwithin this sector and identify potential solutions and alternatives. The article employs a qualitative approach, utilizing a literature review methodology to gather information from academic articles, legal doctrines, and relevant publications. The historical and legislative background of data protection and privacy is first discussed, both from an international (European) perspective and its subsequent evolution in the Brazilian legal framework. The study then delves into an in-depth theoretical analysis of the key provisions of the GDPL to provide a comprehensive understanding of its impacts and contributions. The main focus of the study is on identifying the significant challenges that Third Sector entities encounter during the process of GDPL compliance and proposing effective strategies and approaches to address them. The article concludes by emphasizing the importance of compliance with the GDPL to avoid penalties, liabilities, and potential economic repercussions for Third Sector organizations, given the influence that compliance has on their partnerships and collaborations.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130574204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Business Ethics and Governing Principles of Consumer Relations","authors":"I. Portela, Fernando Gustavo Knoerr","doi":"10.37497/esg.v3issue.1604","DOIUrl":"https://doi.org/10.37497/esg.v3issue.1604","url":null,"abstract":"The objective of this study is to examine the occurrence of product-related events resulting from quality defects, misleading information, or production flaws that may cause harm to consumers or third-party victims (bystanders) (Art. 17). The focus is on the responsibility of the product/service supplier, as the Consumer Protection Code (CDC) treats service providers differently, necessitating separate analysis. To establish the occurrence or imminent occurrence of the product-related event and, consequently, hold the supplier liable, three basic prerequisites are essential: a) the fact or defect of the product, b) the emerging or imminent damage (eventus damni), and c) the causal relationship or causality between the defect and the harmful event. \u0000The study addresses the correction of previous flaws in the complaint, which now adequately describes the alleged criminal activity and includes supporting evidence, such as advertising that contributed to consumer misunderstanding. This correction, made through a writ, enables the corresponding criminal action. The conclusion reached is that the appeal is denied, as stated in the decision: \"The new complaint, now adequately describing the alleged criminal activity and attaching the advertising that would have contributed to consumer error, corrects the previously identified flaw through a writ, making it suitable for the corresponding criminal action.\" \u0000This research employed a legal analysis methodology, examining relevant legal provisions, and referencing specific court cases to support the conclusions drawn. The findings emphasize the importance of meeting the established prerequisites to establish liability in cases of product-related events and highlight the significance of accurately formulating complaints in criminal proceedings.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132361171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}