INTRODUCTION: This article intends to investigate the existence of a functional right to democratic governance in the international order and the possibility of its application towards corporate actors, considering a context of democratic crisis and the expansion of business activities. Starting with an analysis of the literature in this theme, as well as a brief study of current international affairs, this paper considers the behavioral differences between democracies and autocracies in the international arena as one of the reasons for its making. OBJECTIVES: The research intends to investigate if there is a human right to Democracy, what are the corporate obligations in international law and compare these outcomes. Alternatively, the paper aims to understand the current corporate conduct towards democratic governance and name this phenomenon. MATERIALS AND METHOD: The research was made through the inspection of the existing literature and the review of documents to be up to date with the latest developments in the field. Outcomes: the paper has its starting point with the study of Thomas M. Franck’s “The Emerging Right to Democratic Governance” and its comparison with other papers of the field, as well as the developing changes in the international order since its original publication, dating back to 1992. Concluding on the inexistence of a human right to Democracy, it proceeds with the analysis of the corporate obligations in international law. Even though the article recognizes the existence of progress in this field, particularly in the case of international human Rights law, the conclusion is on the inexistence of direct corporate obligations in international law, being necessary State action on this matter. RESULTS: Considering those outcomes, the paper aims to show that the absence of a functional right to democratic governance and international corporate legal duties does not hinder corporations from voluntarily abiding to human Rights essential to democratic governance, named by the paper as the “Rights of Democracy”. After brief case studies in that regard, the article advances the idea of the emergence of a common understanding between States and Corporations on the necessity to respect and promote the Rights to democracy. FINAL CONSIDERATIONS: the paper concludes pointing out what challenges lie ahead this common understating so that one day it might become a binding legal rule. These challenges are studied through both political and economic aspects.
