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July 23, 2026Open Access

The Legal Architecture of Capital and the Structural Limits of Human Rights Due Diligence in Large Corporations

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Authors

LHLeandro Otto HofstätterUniversidade da Região de Joinville

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Implication

The article critiques the effectiveness of corporate human rights due diligence laws in promoting accountability, suggesting deeper reforms are necessary to combat corporate impunity.

Key Points

  • This article critiques the effectiveness of current human rights due diligence laws in large corporations and their structural inadequacies.
  • Analyzes laws such as Germany’s LkSG and the European CSDDD related to corporate accountability.
  • Reviews scholarly works on corporate law and human rights to assess legal frameworks and implications.
  • Demonstrates that current due diligence laws often serve as compliance rituals with limited impact.
  • Identifies the structural elements of corporate law that allow evasion of accountability, such as limited liability and separate legal personality.
  • Proposes a Latin American legal strategy to challenge corporate impunity, emphasizing the need for significant legal reforms.

Cite This Study

Leandro Otto Hofstätter (2026) studied this question.

synapsesocial.com/papers/6a61b02ffaa9903c5116ada1https://doi.org/10.5281/zenodo.21476152
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Divergence in HRDD Legislation: A Comparative Study of France, Germany, and the United States2025 · 1 citations
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  3. 3Civil Law, Conflict of Laws, and Extraterritoriality in the European Supply Chain Due Diligence Law2024 · 4 citations
  4. 4Due Diligence Legislation and the Politics of Implementation: The Case of the German Supply Chain Law2026 · 2 citations
  5. 5The corporate sustainability due diligence directive: a law and economics evaluation2026