The concept of sustainability fundamentally involves the concept of intergenerational and intragenerational equity, thereby presenting an unremitting evolutionary nature that has to be properly assimilated both domestically and internationally, in the public and private scopes, and variably according to time (ratione temporis), to subject (ratione personae) and object (ratione materiae).Compliance becomes a fundamental subject while taking into account the role of business towards sustainable development. When it comes to sustainability, compliance means conforming to different bodies of laws, regulations, standards and other site-specific requirements, ranging from environment, labour, human-rights, governance and other interdisciplinary fields. Moreover, leading corporate sustainability strives to go beyond external norms and outline a series of targets, strategies and indicators to ensure, not only full compliance, but ongoing best practice.While both demand for and supply of information about companies’ sustainability performance (Environmental, social and governance – ESG) continue to grow and are significant drivers of investment inflows, novel reporting standards bring forth new materiality concepts that, alongside civil society action, can alter fiduciary duty norms and ensure broader transparency and accountability.In this sense, this paper aims to explore an evolutionary perspective of the discussion on how the dynamic nature of the legal concept of sustainable development influences the concept of materiality in non-financial disclosure, possibly altering the outcomes of fiduciary duties, disrupting traditional legal reasoning and providing the tools needed to ensure businesses fulfil their role towards sustainable development
