A agenda ESG: a natureza jurídica da agenda da sustentabilidade no âmbito corporativo

Abstract

This research investigates the legal nature of the ESG (Environmental, Social and Governance) Agenda as a form of private soft law within the context of global environmental governance and sustainable development. It is based on the hypothesis that, although non-binding, ESG holds sufficient normative force to influence corporate behavior, serving as a strategic sustainability tool in the private sector. The study is grounded in the observation that hard law norms, due to their rigidity and limited effectiveness, have proven inadequate in addressing contemporary socio-environmental challenges, thereby creating space for voluntary and cooperative solutions. Through a literature review, it analyzes the evolution of sustainable development and the role of the private sector, especially following the Stockholm Declaration (1972), Agenda 21, and the United Nations' 2030 Agenda, which establish multi-level and multi-actor engagement as central to environmental governance. It then deepens the discussion on the concept of private soft law, distinguishing it from binding norms, and highlights the ESG Agenda as a market-driven initiative designed to promote the adoption of sustainable corporate standards. The research further demonstrates that indicators such as the GRI Standards, B3’s Corporate Sustainability Index (ISE), and ISO 14001 function as mechanisms for measuring and verifying the implementation of these standards, granting reputation, stability, and competitiveness to compliant companies. The study concludes that the ESG Agenda constitutes a form of private soft law—non-binding norms created by the private sector. Moreover, ESG represents a significant step toward the development of an alternative and effective normative framework to address global common issues, and despite its non-binding nature, it holds legitimacy, effectiveness, and regulatory capacity within the contemporary field of international law