THE CURRENT SOCIAL CONTEXT REQUIRES COMPANIES TO CARE ABOUT PUBLIC PERCEPTION OF THEIR BRAND, TO KNOW AND DISCUSS HUMAN RIGHTS ISSUES, AND TO ADOPT APPROPRIATE POLICIES. BUSINESS DECISIONS SHOULD BE BASED ON INCREASINGLY STRINGENT NATIONAL AND INTERNATIONAL REGULATIONS, TESTED INTERNATIONAL STANDARDS, AND THE UN GUIDING PRINCIPLES. IT IS TIME TO ACT RESPONSIBLY AND IN LINE WITH SOCIETY'S EXPECTATIONS.
Our work is guided by principles of social responsibility and promotion of fundamental rights, reflecting Machado Meyer's values. We have a multidisciplinary human rights practice, whose purpose is to help our clients in assessing legal and reputational risks and opportunities.
With a specialized approach, our Human Rights and Business practice offers preventive and detective advice on legal practices and frameworks concerning human rights in Brazil and abroad. This includes guidance in establishing compliance programs and the defense of our clients’ interests before regulators, international organizations, and other stakeholders.
Based on our recognized expertise in ESG, environmental law, labor law, and compliance, we present multidisciplinary solutions for mapping risks and development of mitigation strategies. In addition, our leadership in crisis management enables us to intelligently respond to critical situations, as well as handle litigation and settlement agreements.
With extensive experience in crises related to working conditions, environmental disasters, community impacts from business activities, and discrimination, we offer our clients a specialized human rights practice, with a comprehensive and holistic approach to support them on multiple fronts, aiming to anticipate impacts on legislation from other areas, such as:
- Advice and guidance on best practices of soft and hard law in human rights, business ethics and corporate governance, as well as on their potential enforceability and transnational application, including UN and EU regulation on the subject.
- Assessment and mapping of human rights risk, including:
- risk and impact analysis (due diligence) of the supply chain, customers, employees, and other third parties;
- risk and impact analysis of activities carried out in different locations and jurisdictions, including interaction with marginalized populations; and
- assessment of employment relationships, internal culture, and sustainability initiatives.
- Implementation of a human rights compliance program integrated with other relevant aspects, such as corporate culture, anti-corruption, labor, and data privacy issues. This includes designing policies, reviewing governance structures, providing trainings, among other initiatives.
- Drafting and reviewing contracts and contractual mechanisms from the perspective of human rights risks and impacts.
- Guidance and assistance regarding the fulfillment of human rights commitments towards public authorities, third-sector entities, business partners, and others, including independent monitoring of contractual compliance (monitoring trustee).
- Guidance and assistance in fulfilling human rights commitments with special attention to the environmental dimension. We take into account the recent UN recognition that access to a healthy environment is a human right, as well as the recognition of the Paris Agreement as a human rights treaty by the Brazilian Federal Supreme Court.
- Advising companies on audits carried out by their current or prospective sponsors, investors, clients, or other third parties, and on the preparation of compliance reports.
- Providing advice in the development and evaluation of affirmative actions, equity, and inclusion business initiatives for hiring and retention of individuals from marginalized social groups.
Agile and efficient response
- Independent and defensive corporate investigations into reports and allegations of human rights violations within the company or its supply chain.
- Crisis management services, including action plans development, advice on interactions with authorities, the press, and other stakeholders (such as suppliers, funders and trade unions), as well as other legal advisory activities to identify and mitigate damages.
- Developing compensation agreements and plans in response to environmental accidents or community displacement. Our approach especially considers the needs of marginalized individuals and affected groups.
- Negotiation of collective bargaining agreements with labor unions and agreements with public authorities regarding fundamental rights in both our clients’ own employment relations and those of their third parties, including supply chain.
- Negotiations with public authorities and civil society organizations.
- Resolution of judicial and extrajudicial disputes with private parties and Brazilian and foreign authorities.