This paper assesses the different paths traced by the apex courts in Brazil and South Africa in the search for social justice and for the concrete implementation of fundamental rights. We have already come a long way in defining what states’ human rights obligations are. But the courts will face challenges when attempting to use constitutional and judicial actors to frame corporate conduct. This attempt is a reaction to the growing economic and political power of companies that have historically found themselves outside legal frameworks that impose duties to society and the environment.