A lógica da colonialidade e a ausência de responsabilização legal das empresas transnacionais por violações de direitos humanos ocorridas nas cadeias de produção: o caso do povo indígena Guarani e Kaiowá no Mato Grosso do Sul

Abstract

This paper aims to analyze, based on the case study of the Guarani and Kaiowá indigenous people in Mato Grosso do Sul, how the logic of coloniality relates to the lack of accountability to transnational corporations for human rights violations that have occurred in their production chains. In order to achieve this goal, at first, the current situation of the Guarani and Kaiowá people in Mato Grosso do Sul, data on the violence suffered by the indigenous people, the history of the occupation of the territory belonging to the communities and the actions of the transnationals of the region will be presented. Subsequently, will be examined how transnational corporations have become extremely powerful institutions in the context of globalization, how production chains are fundamental to understanding this power and the activities of large corporations today, such as power of the transnational corporations are mobilized to prevent them from being held responsible for violations of human rights and the state of the art, within the United Nations framework, of corporate and human rights legal mechanisms, both directly and within their production chains. Finally, it turns out how transnational corporations became powerful institutions during the colonial period, how the logic of coloniality acts to perpetuate human rights violations and what are the necessary pathways for the construction of a decolonial legal instrument on the basis of human rights and business. It is a research of scientific modality, of explanatory species, using as approach method the inductive methodology, as procedural methods the historical and comparative methodologies, and as research techniques, bibliographical and documentary analysis. The research results show that the logic of coloniality plays a central role in the lack of accountability of transnational corporations for human rights violations that occurred in the production chains, since, since their formation in the colonial period, these corporations have used processes of dehumanization and subordination of individuals and groups (such as indigenous peoples) to consolidate their political and economic power in peripheral regions of the planet.