O VALOR JURÍDICO DO TRIBUNAL INTERNACIONAL MONSANTO: ANÁLISE DA EFICÁCIA DOS INSTRUMENTOS NORMATIVOS INTERNACIONAIS NA TIPIFICAÇÃO DO CRIME DE ECOCÍDIO NA RELAÇÃO ENTRE DIREITOS HUMANOS E EMPRESAS

Abstract

This study aims to analyze the possibility of recognizing and typifying the crime of ecocide within the framework of the International Criminal Court (ICC), based on the emblematic case of Monsanto. The research examines the role of the Monsanto International Court as a Court of Opinion, assessing its contributions to the debate on the accountability of transnational corporations regarding environmental damages and human rights violations. The methodology employed includes a theoretical-bibliographical and documentary analysis, focusing on the Monsanto Court case study and the examination of international normative instruments, such as the Rome Statute and the UN Guiding Principles on Business and Human Rights. The results indicate that, despite the lack of formal typification of the crime of ecocide, there is potential to classify such conduct under the Rome Statute, provided legal adaptations are made. The study concludes that recognizing ecocide as an international crime represents a necessary advancement in International Criminal Law to combat impunity and effectively hold individuals and corporations accountable for their negative impacts on the environment.