O Legal Design como ferramenta de otimização e efetividade de programas de compliance em direitos humanos nas estratégias empresariais de ESG

Abstract

This paper is grounded in the problem that human rights compliance programs and their mechanisms, such as the establishment of internal regulations, policies, and codes within organizations, as well as the adoption of whistleblowing channels, are not, in all contexts, truly effective within the framework of ESG (Environmental, Social and Governance) corporate strategies. This ineffectiveness stems from the formalism and technicality involved, which hinder their implementation and adherence by employees and other stakeholders, or from an interface that was not properly designed with the user experience in mind. In this context, the research aims to investigate, through a deductive methodological approach and centered on a literature review, the application of Legal Design as a tool for optimizing and improving the effectiveness of human rights compliance programs, particularly with regard to the social (S) and governance (G) pillars of ESG. Therefore, the proposed study initially presents concepts and analytical frameworks related to ESG, the integration between business and human rights, and compliance, in order to examine the application of Legal Design in two dimensions: I. the preventive action of compliance against human rights violations; and II. the detection of such violations. As a result, the research concludes that Legal Design, with its human-centered approach, enables the development of organizational policies, regulations, internal codes, and whistleblowing channels that are more accessible, clear, usable, interactive, and assertive for their users, thus constituting a tool capable of optimizing and making human rights compliance more effective.