Master’s and Doctoral Courses
1. Mandatory Discilplines (4 Credit Units, 60 Credit Hours)
Area of Concentration: Human Rights
Theory of Law (4 Credit Units, 60 Credit Hours)
Syllabus: The objectives of the discipline are: a) to focus the Law in its philosophical, sociological and juridical dimensions contextualizing it in face of the reality in which it operates; b) to compare and differentiate the legal system from other normative systems; c) to identify the fundamentals and functions of Law from the relation between value and Law; d) analyze and critically discuss some fundamental legal concepts, their structure and function; e) investigate the processes of legal production, language, interpretation and application of the law; f) critically analyze the dogmatic way of thinking the legal phenomenon in comparison with the current trend towards legal pluralism.
Human Rights Theory (4 Credit Units, 60 Credit Hours)
Syllabus: Human Rights: denomination; definition; division. Historical Formation of the Declarations of Law, Equality and Dignity of the Human Person. Discrimination and Prejudice. Fundamental Rights in the 1988 Constitution. Jurisdictional Protection of Human Rights.
2. Elective Disciplines (4 Credit Units, 60 Credit Hours)
Area of Concentration: Human Rights
Bioethics and Its Interface with Law in an Inclusive Society (4 Credit Units, 60 Credit Hours)
Syllabus: Legal interrelationship of bioethical principles and bio-law. Stem cells: biotechnological research from the legal angle. Biotechnology and legal alternative of assisted reproduction for the constitution of the family. Medical and legal debates arising from the phenomena represented by sexuality, abortion, anencephaly, prolonged life or anticipation of death with dignity. Ethical and legal reflection on blood transfusion, donation and transplantation of human organs and biodiversity. Professional ethics and health in the light of bioethics.
The Construction of a Social and Environmental Jurisprudence in the Courts of Human Rights (4 Credit Units, 60 Credit Hours)
Syllabus: The Right to the Environment as a Human Right. The Protection of the Environment in the International Legal Instruments of Human Rights. The Global System and Regional Human Rights Systems in the face of socio-environmental challenges. The United Nations and the Environment. The Construction of an Environmental Jurisprudence in the Courts of Human Rights. The experience of the Inter-American Court of Human Rights. The Experience of the European Court of Rights. Prospects in the African Court of Human Rights. The impacts of socio-environmental content decisions emanating from the Courts of Human Rights in the Brazilian Legal Order and Public Human Rights Policies.
The Philosophy of Human Rights: natural law, ethics and hermeneutics (4 Credit Units, 60 Credit Hours)
Syllabus: The discipline analyzes the philosophical dimension of human rights, as rights belonging to the individual by his condition of human person. To do so, it proceeds with a hermeneutic investigation of the history of the ethical and juridical concept of natural law - from Classical Antiquity (Aristotle) to Contemporaneity (Finnis), passed by Christianity (Tómas de Aquino) and Modernity (Locke).
The Racial Question in Brazil: Relations between White and Black People (4 Credit Units, 60 Credit Hours).
Syllabus: The objective of the discipline is to deepen the focus of the discussion of black studies under the theme of race relations. The discipline will be divided into five parts, subdivided in themes that foment the proposed discussion. The first addresses the concept of race and its ideological interpretations. The second part is concentrated in the discussion between 1980 and 1940. With the end of the slave system in 1888, racist conceptions stemming from various elite (intellectuals and political) currents of thought had as a crucial question the concern of how to build a nation and a national identity, in view of a new category of citizens: ex-slaves.
In this period, the representation of "racial democracy" is constructed. The third part invites us to reflect on authors who from 1940 to 1970 discussed "racial democracy and constructed representations regarding the relationship between race and class. The fourth part analyzes the prophecies that are fulfilled on the one hand by discussing the structure of racial inequalities and on the other the color classification system, based on a gradient system that would come from the lightest to the darkest, built in the twentieth century. In the last part, it is the national debate on affirmative action policies in the education of higher education that are policies to combat social inequality based on color. Education is definitely one of the areas that we find more pertinent explanations for Brazilian racial inequalities.
Public Administration and Sustainability (4 Credit Units, 60 Credit Hours)
Syllabus: 1 - The socio-environmental dimensions of Administrative Law 2- Administrative procedural and popular participation 3- Public Administration and socio-environmental protection. The legal nature of environmental licenses 4 - Right to Information and sustainability 5 - Public Policies. Public Services and Public Goods.
Legal Anthropology and Conflict of Land in the Brazilian Rural Environment (4 Credit Units, 60 Credit Hours)
Syllabus: Land conflicts in Brazil: a brief historical approach; Field of the anthropology of the right; Social subjects as living carriers of customs; Land of Indians and land of quilombolas; The appropriation of land: condition, identities, culture.
Bioethics and Biodireito as Basis for Social Inclusion (4 Credit Units, 60 Credit Hours)
Syllabus: Bioethics, its principles and transdisciplinarity. Stem cell research. Assisted human reproduction. Cloning. Issues related to death and donation and transplantation of human organs. Change of sex and name. Pedophilia. Questions about abortion. Biodiversity.
Consumption and Citizenship (4 Credit Units, 60h)
Syllabus: The consumer phenomenon as a consequence of the paradigmatic transition. The national policy of consumer relations, its trilateral reach and instrumental citizenship of the consumer. Cultural industry, consumerism, behavioral vulnerability, consumer harassment and the transnational consumer concept. Civil liability and the challenges of its consumerist dimension. E-commerce and over-indebtedness. Qualified political participation of the consumer.
Public and Social Control of State Activity (4 Credit Units, 60 Credit Hours)
Syllabus: State and Economic Ideologies. Economic Law. The Constitutionalisation of political space. Concept of Public Service and Economic Activity. The pendulum privatization and publicity of economic activities. Public and social control. Regulatory and executive agencies. Courts of Accounts. Budget control. The responsibility of the State and its agents.
Public and Social State Control (4 Credit Units, 60 Credit Hours)
Syllabus: The evolution of the state and the need for its control: the evolution of the state and the possibilities of state control by the state itself (internal control) or by society (external control). The use of the corporate model for the implementation of this control; Development vs Progress: differences between concepts. What is economic and social development. Ways to achieve this development. For whom the national development is destined; Reservation of the possible and minimum existential; Substantialists vs. Procedimentalists. Is it possible to submit to the Judiciary the debate on the implementation of the public policies established by the 1988 Constitution? Or does it only belong to the Executive Branch? Public Control through Budget Execution: there are activities that can only be developed by the State, and its role as the implementer of public policies. Hence: is there a way to force the State to fulfill the approved Budget?
Criminal Decision, Garantism and Hermeneutics (4 Credit Units, 60 Credit Hours)
Syllabus: The need for a theory of criminal decision in Brazil. Positivism, pragmatism, guaranty and discretion: the basis for a discussion. The limits of guaranteeing epistemology: dualities and artificialities of theory. A proposal of control of the penal decision: the philosophical hermeneutics and the theory of the Law as integrity.
Brazilian Challenge to the Multidimensional Protection of Human Rights (4 Credit Units, 60 Credit Hours)
Syllabus: The objective of this discipline is to analyze the multilevel protection of human rights, identifying the criteria of general repercussion and constitutional transcendence, signed by the national legislation and interpreted by the Federal Supreme Court, and the consequent procedural obstacles to the protection of rights in accordance with the Inter-American System of Rights Human Rights (SIDH – Portuguese acronym).
Sustainable Development and the Environment (4 Credit Units, 60 Credit Hours)
Syllabus: The objectives of the course are: a) To identify the main aspects of environmental protection and the pattern of economic development in the Amazon. b) Reflect on environmental protection from a socio-environmental perspective. c) Analyze environmental legislation in the face of challenges related to protecting the environment, biodiversity and associated traditional knowledge. e) Analyze sustainable development as a paradigm for urban development as well as reflect on the challenges to the achievement of this new paradigm; f) Reflect on the challenges for planning and urban development today; g) To interpret constitutional principles and international directives guiding the realization of urban development on a sustainable basis; h) To analyze the competencies of the entities of the Federation and the profile of the Brazilian State for the accomplishment of the competences in urbanistic matters; i) To deal with the Master Plan as an instrument for urban development as well as the constitutional legal instruments for the planning and implementation of public policies in urban areas; j) Reflect on municipal autonomy and municipal competencies for the realization of urban development.
Urban Development and Sustainability (2 Credit Units, 30 Credit Hours)
Syllabus: The objectives of the discipline are: a) To analyze sustainable development as a paradigm for urban development; b) Interpret the constitutional principles, guiding guidelines for the realization of urban development on a sustainable basis; c) To analyze the competences of the entities of the Federation and the profile of the Brazilian State for the accomplishment of the competences in urban planning matters; d) To treat the Master Plan as an instrument for urban development as well as the constitutional legal instruments for the planning and implementation of public policies in urban areas; e) Reflect on municipal autonomy and municipal competencies for the realization of urban development.
Human Rights of Vulnerable Groups: people with special needs, children, adolescents, the elderly and others (4 Credit Units, 60 Credit Hours)
Syllabus: Meaning of vulnerable groups. Rights of Persons with Special Needs. Children's rights: freedom and non-violence. Female issue. Refugees and migrants. Working class. Prisoners. Racism.
Agro-Environmental Law (2 Credit Units, 30 Credit Hours)
Ementas: History of Rural Territorial Property in Brazil. Ownership and Agrarian Property. Agrarian Reform and Agrarian Policy. Principles and Norms of Environmental Law concerning Agrarian Law. The Defense of the Environment and Public Civil Action.
Environmental Law: historical, economic and political aspects (4 Credit Units, 60 Credit Hours)
Syllabus: Environmental protection scenarios; Environment and economic development; Bio-politics and Bio-politics.
Environmental law: management of natural resources (4 Credit Units, 60 Credit Hours)
Syllabus: Conceptual presuppositions of the environmental issue in Brazil and in the world. International Environmental Law. Participation of NGOs in environmental discussion. Environmental Goods and their protection.
Labor Law and the Environmental Matter (4 Credit Units, 60 Credit Hours)
Syllabus: Labor Law and Environmental Law. The work environment. Brazilian environmental legislation. Labor Law and environmental concern. The right to the quality of life as a fundamental right. The mismatch between labor law and the theoretical evolution of environmental consciousness. The role of jurisprudence.
Civil Procedure (4 Credit Units, 60 Credit Hours)
Syllabus: 1. Process and fundamental rights (neoprocessualism, neo-constitutionalism and judicial activism); 2. Principles of procedural law - individual and collective - access to justice, universality of jurisdiction, cooperation, objective good faith, official or inquisitive impulse, proportionality / reasonableness, action - defense, demand, economy, instrumentality; 3. Basic institutes of individual and collective procedural law; 4. Structural trilogy: jurisdiction, action and process; 5. Jurisdictional equivalents; 6. Procedural assumptions and conditions of action; 7. Request and cause of request; 8 connection, continence and lis pendens; 9. Litigation and assistance; 10. intervention of third parties; 11. Burden of proof and powers of the judge; 12. Preliminary, prejudicial and res judicata.
Tax Law and Human Rights (4 Credit Units, 60 Credit Hours)
Syllabus: 1. Language, System and Law. Language and language. Hierarchy of languages. Juridical system. System in the Science of Law and Positive Law. Human rights in the legal system. 2. Semiotics and Law: Statement, Proposition and Legal Standard. Logical structure of legal rules. The full legal rule: Primary rule and secondary rule. The diversity of legal norms. 3. Rules and principles. Conflict between rules and principles in the legal system. Structure of human rights norms. 4. Tax Law. Human Rights Norms. The rule of incidence incidence as a general and abstract norm: antecedent and consequent. The individual and concrete norm: legal fact and relational fact. Infraction and Sanction. 5. The process of positivation of Law. Incidence and Application of the rule of law. Recidivism and human rights. 6. Sources of Law. Basis of validity and effectiveness of the legal norm of taxation and Human Rights. 7. Interpretation and Human Rights. Tax Planning. Fraud. Elision and Tax Evasion. 8. Human Rights and Tax Law. Logic of Relations. Legal Duty. Obligation and Tax Credit. 9. The Legal Proof and its relation with Human Rights. The system of proof in Tax Law.
Environmental Rights and Public Policies in the Amazon (4 Credit Units, 60 Credit Hours)
Syllabus: Human rights; Public and Legal Policies; Environment and Sustainability; Socio-environmental conflicts; Traditional Peoples and Communities; Right of Participation; Traditional Knowledge; Law of Water Resources; and Climate Change.
Fundamental rights (4 Credit Units, 60 Credit Hours)
Syllabus: The objective of this discipline is to analyze the STF jurisprudence on fundamental rights, identifying and criticizing its ratio decidendi and the principles that guide the interpretation developed by the Court.
Fundamental Rights and Agro-Environmental Law (4 Credit Units, 60 Credit Hours)
Syllabus: Agro-environmental Law as Fundamental Law. General Principles of Agro-Environmental Law. Social, Economic and Environmental Function of Property. Environment and Environmental Goods. Sustainable development. Socioenvironmentalism. Food safety. Agrarian and Environmental Justice.
Fundamental Rights, Taxation and Amazonian Development (4 Credit Units, 60 Credit Hours)
Syllabus: The aim of this discipline is to analyze the role of taxation within the perspective of Brazilian development, characterized by being economically unequally sectoral heterogeneous and socially exclusive, turning to the Amazonian perspective. The development model adopted in the Brazilian Amazon, with an emphasis on the State of Pará, is now subject to a critical analysis in order to allow reflection and debate on the tax and financial policies used in the search for effective sustainability and overcoming regional inequality.
Human Rights of Women (4 Credit Units, 60 Credit Hours)
Syllabus: The objective is to establish the debate in the UFPA on the importance of the diffusion and the strengthening of a reflexive critical awareness of the Rights of Women as a guarantee of the maintenance of the participation of private and public life as a gender. In this sense, we will seek to give visibility to the denominations and violence suffered by women by using a specialized literature on gender and law, gender inequalities from the anthropological perspective and from international instruments for the protection of human rights. It should be clarified that the approach of the discipline will be in two dimensions, in the protection of the rights of women and in the promotion of female citizenship. The central idea here is to prevail over the notion of human rights, which, in a general way, seeks to guarantee citizens certain rights as fundamental.
Human Rights and Amazonian Law (4 Credit Units, 60 Credit Hours)
Syllabus: The new Amazon Right Concept. Multiculturalism. Traditional Populations of the Amazon. Indigenous Question. Quilombola Communities. Extractive reserve. Agricultural Property. Water resources. Protection of genetic patrimony. Public Land Grabbing.
Human Rights and Agro-environmentalism (1 Credit Unit, 15 Credit Hours)
Syllabus: Conceptual presuppositions of the agrarian and environmental question in Brazil and in the world. International Environmental Law. Environmental Goods and their protection. Amazon and payment for environmental services. Agrarian Law as Human Rights. General Theory of Agro-environmental Law. Ownership, Possession and Land Regularization in the Amazon. Land Grabbing. OBJECTIVES: To present a general notion about the debate of the agrarian and environmental question, its scientific and juridical presuppositions. Discuss the general principles of agrarian and environmental law in international and national legislation.
Discrimination and Affirmative Action (4 Credit Units, 60 Credit Hours)
Syllabus: Human Rights: definition, denomination and classification. Equality and Dignity of the human person. Discrimination and prejudice. Discrimination of workers. Universal Declaration of Human Rights. International Covenant on Economic, Social and Cultural Rights, ILO Conventions on equal treatment. Legislative protection in Brazil against discrimination: Constitutional and infraconstitutional. Instruments of protection against discriminatory practice.
State and Public Policy (4 Credit Units, 60 Credit Hours)
Syllabus: Develop a collective reflection on the state, public policies and law, and critically discuss the arguments of several currents concerning theories of state and public policies. All students should have read the text of the compulsory readings before class. Oral reviews of texts will be conducted by students in the classroom.
Ethnodevelopment and Traditional Peoples (3 Credit Units, 45 Credit Hours)
Syllabus: Ethnodevelopment and Traditional Peoples (indigenous and non-indigenous): process of political construction; definitions and concepts; political positions. Intercultural bases of dialogue: autonomy versus intervention. Ethnodevelopmental actions: discussion and problematization.
Indigenous Ethnology (4 Credit Units, 60 Credit Hours)
Syllabus: Theoretical-methodological discussion on indigenous and South American societies, anchored by the history of interethnic contact, observing the work of indigenists, anthropologists, tutelary agencies, non-governmental organizations and the Federal Public Ministry. Observing the ethnic borders with emphasis on the right to difference and the exercise of the right when the daily confrontation of the national society at a time when the law can be "transformed" in a dead letter.
Indigenous Ethnology (4 Credit Units, 60 Credit Hours)
Syllabus: Indigenous peoples: classic studies and recent approaches. Theoretical and methodological themes and postures. Primacy of cosmology studies. Interethnic and intraethnic relations: constitution and consequences. Protagonism and indigenous authors: change and intercultural dialogue.
Philosophy of Natural Law (4 Credit Units, 60 Credit Hours)
Syllabus: The discipline analyzes the philosophical dimension of human rights, as rights belonging to the individual by his condition of human person. To do so, it proceeds with a hermeneutic investigation of the history of the ethical and legal concept of natural law in Aristotle, Aquinas, Ockham and Finnis.
Hermeneutics and Law (3 Credit Units, 45 Credit Hours)
Syllabus: The permanence of legal positivism, despite the consensus about the crisis that this model of representation experiences, is an important phenomenon of investigation. After all, what is the basis of the longevity of a model that is still structured in the experience of exegesis, exactly two centuries ago? Permanence, in addition to the proposed ruptures and overcoming, is defined in two directions: in the teaching and usual practice of law, and especially in the critical pretension to positivism. This observation has justified the attempt of a meta-critique of positivism, which seeks to reach the limits of this thinking through different ways of the so-called post-positivism. In this perspective, advancing on the studies of philosophical hermeneutics, the seminaries of philosophy and law intend to reflect a concept that considers fundamental to the understanding of historicity: the idea of tradition. The concept approach seeks anchors in thinkers such as Hannah Arendt (The Life of the Spirit - The Will-and Between the Past and the Future) HG Gadamer (Truth and Method, Part II) and C. Castoriadis (The Imaginary Institution of Society, Part II), whose readings structure the three parts of the Course.
Hermeneutics and Tradition (4 Credit Units, 60 Credit Hours)
Syllabus: The permanence of legal positivism, despite the consensus about the crisis that this model of representation experiences, is an important phenomenon of investigation. After all, what is the basis of the longevity of a model that is still structured in the experience of exegesis, exactly two centuries ago? Permanence, in addition to the proposed ruptures and overcoming, is defined in two directions: in the teaching and usual practice of law, and especially in the critical pretension to positivism. This observation has justified the attempt of a meta-critique of positivism, which seeks to reach the limits of this thinking through different ways of the so-called post-positivism. In this perspective, advancing on the studies of philosophical hermeneutics, the seminaries of philosophy and law intend to reflect a concept that considers fundamental to the understanding of historicity: the idea of tradition. The concept approach seeks anchors in thinkers such as Hannah Arendt (The Life of the Spirit - The Will-and Between the Past and the Future) HG Gadamer (Truth and Method, Part II) and C. Castoriadis (The Imaginary Institution of Society, Part II), whose readings structure the three parts of the Course.
Equality Liberal (2 Credit Units, 30 Credit Hours)
Syllabus: Discuss distributive justice from the liberal theories of equality, based on the ideas of John Rawls and Ronald Dworkin.
Liberal Equality 1: John Rawls (4 Credit Units, 60 Credit Hours)
Syllabus: Discuss the theory of justice as fairness, by John Rawls.
Liberal Equality 2: Dworkin and Sem (4 Credit Units, 60 Credit Hours)
Syllabus: Discuss Ronald Dworkin's Equal Resource Theories, and Equality in Functioning, by Amartya Sem.
Economic and Tax Instruments for Environmental Management in the Amazon (4 Credit Units, 60 Credit Hours)
Syllabus: To study the fundamentals and modalities of the use of the economic and tributary instruments of environmental management, seeking to understand them and think their possibilities as tools to promote sustainable development in the Amazon.
Comparative Constitutional Justice (4 Credit Units, 60 Credit Hours)
Syllabus: The objective of this discipline is to discuss the points of convergence and divergence between the jurisprudence of the Inter-American Court of Human Rights and the Federal Supreme Court. From the theories of judicial dialogue, similar cases decided by both courts on amnesty law, the right to equality, indigenous rights, the right to life and the right to health will be analyzed.
Readings of Genre, the Look of Cinema and Interfaces (4 Credit Units, 60 Credit Hours)
Syllabus: From the perspective of the cinema as a mediator of the debate on gender and interfaces and reading of specialized articles, respecting the approach chosen for each session, it seeks to de-naturalize issues of gender and sexuality and, still very precariously, the racial issue that has yet to be invested even in independent productions. Criticism that is pertinent in the history of national and international cinema.
Scientific methodology (2 Credit Units, 30 Credit Hours)
Syllabus: Theory and knowledge of reality (Classical and contemporary theories on the State / civil society / human rights). Theory and construction of the object (State / civil society and human rights under various currents of thought). Methods and theories (Articulation theories on State / civil society / human rights versus certain specific realities). Theory as a methodological approach (Concepts of State and society under different forms of approaches). Scientific method as a theory under construction (Analysis of specific research papers). Construction of concepts, hypotheses, models (Analysis of specific research papers). Object under construction in face of existing knowledge (Analysis of specific research papers). The scientific problematization of reality.
Space in postmodernity: the challenges for urban planning (4 Credit Units, 60 Credit Hours)
Syllabus: The objectives of this discipline are: a) to reflect on the social consequences of globalization, technological revolutions and their effects on space and time, which have led to the "reorganization of space" and the various transformations in social spaces; ) reflect on the political crisis faced in urban spaces, which is the result of the weakening of decision-making processes within territorial boundaries and the functions of the State and its capacity for political-state organization considering the new geopolitical and economic processes that are formed the analysis of space in postmodernity presupposes reflections on the territorial organization of capitalism.
Municipal Territorial Planning in the Amazon (4 Credit Units, 60 Credit Hours)
Syllabus: Conceptual assumptions of spatial planning in Brazil. Municipal territorial planning. Supralocal impacts of land, agrarian, mining and socio-environmental legislation on municipal planning in the Legal Amazon. Supralocal co-operative arrangements. Decentralization.
Research, Rupture and Construction (4 Credit Units, 60 Credit Hours)
Syllabus: Exercícios de metodologia aplicada ao desenvolvimento de uma pesquisa de mestrado: enfoque na ruptura e na construção do objeto de pesquisa. O objetivo é que os estudantes, no decorrer da disciplina, consigam definir uma problemática de pesquisa, identificar os materiais de pesquisa (dados a serem coletados, documentos e referências bibliográficas a serem lidas e analisadas, entrevistas a serem realizadas, etc.), definir etapas e estabelecer um cronograma de trabalho para realização da tese de mestrado. Methodological exercises applied to the development of a master's research: focus on the rupture and the construction of the research object. The objective is for the students, during the course of the course, to define a research problem, identify the research materials (data to be collected, documents and bibliographic references to be read and analyzed, interviews to be carried out, etc.), define steps and establish a work schedule for the accomplishment of the master's thesis.
Fiscal and Extra-fiscal Policies Implementing Human Rights (4 Credit Units, 60 Credit Hours)
Syllabus: General notions of exclusive and inclusive positivism and the correlation with financial and tax law in Brazil, based on the theory of logical-semantic constructivism. Distinctions between fiscal and extra-fiscal public policies in correlation with the economic-financial attractiveness of the private sector, the problem of the weighting of Principles. The rights and duties of the private sector in relation to society. The fiscal responsibility of the Public Entity in the implementation of Human Rights. The tax responsibility of the Private Entity to enjoy tax benefits.
Public Policy and Public Security (4 Credit Units, 60 Credit Hours)
Syllabus: To present the bases of the theory of the public policies and several scientific approaches on the questions related to public policies of public safety in Brazil.
Traditional Populations: identity and territorial rights (4 Credit Units, 60 Credit Hours)
Syllabus: The legal protection of Traditional Populations is recognized in the Brazilian and international legal order. Based on the definitions contained in national legislation (in particular Decree 6.040 / 2007) and international (especially Convention 169 of the International Labor Organization), the processes of construction (reconstruction) of the identity of these peoples and communities will be discussed and how the definition of territorial spaces recognized (or in process of recognition) in favor of them in the Amazon region.
Indigenous Peoples, Quilombola Populations and the Possibilities of Plural Brazil - Special Topics in A (4 Credit Units, 60 Credit Hours)
Syllabus: Indigenous, Afro-descendant and Quilombola Intellectuals. Meaning of Intellectual. Proposals to Latin America and Brazil. Participation and Pluralism. Social movements. Summary: In Brazil, as in other Latin American countries, a large part of the academic production is about "indigenous peoples and quilombola populations, since it is written by non-indigenous and non-quilombolas and at most incorporates statements from the protagonists. In the case of Afro-descendants the protagonism and writing becomes more present, however any path contemplates silences. Whereas (1) there is a misunderstanding in the definition of who is and who is intellectual; (2) social movements - indigenous and quilombolas - grew exponentially; and (3) many indigenous people and quilombolas reach higher education, it is intended to examine the writings of the protagonists of their peoples and histories. Objectives • To discuss the theoretical-methodological contributions of indigenous, Afro-descendant and Quilombola intellectuals. • Understand the difficulties of indigenous intellectuals to "make themselves heard" in the face of inter- and intra-ethnic relations. • To study the changes produced by the protagonism of indigenous and quilombola peoples based on the writings produced by the leaders of the corresponding social movements. • Meet indigenous and quilombola intellectuals who "force" / require intercultural dialogue and respect.
Principles of the Philosophy of Contemporary Law: ethics, hermeneutics and language in the foundation of Law (4 Credit Units, 60 Credit Hours)
Syllabus: The course explores the contemporary debate in the field of philosophy of law. Although the debate can be multifaceted and with the awareness of a possible reductionist failure, the study will start from the voluntarist concept of law, and especially from its new version, widely accepted at the beginning of the XXI century, which seeks to characterize law as reasons for actions, just like Joseph Raz's formulation. The central thesis of the course is to affirm that the philosophy of contemporary law can be divided into three basic currents: (a) legal positivism ("law consists of reasons for actions"), (b) finalism reasons for actions ") and (c) subjectivism (" the right may consist of reasons for actions "). The principles of each of these currents will be analyzed, especially from a linguistic, hermeneutic and ethical point of view.
Collective Process (4 Credit Units, 60 Credit Hours)
Syllabus: Principles. Judicial activism. Instructional powers of the judge. Proof of loan, shared proof. Burden of proof. Inversion. Proof by illicit means.
Public Revenues and the Exploration of Oil, Ore and Electric Energy in Brazil (4 Credit Units, 60 Credit Hours)
Syllabus: Equity Revenues and Non-Renewable Natural Resources. Royalties arising from the exploitation of Ore, Petroleum and Hydroelectric Power Potentials. Constitutional, legal and jurisprudential aspects. The matrix rule of incidence of assets. Patrimonial fiscal federalism. Fiscal Transparency. Intergenerationality in the application of these resources.
Critical Reflections on Criminal Discourses (4 Credit Units, 60 Credit Hours)
Syllabus: introducing the discussion. Two literary classics of authoritarian criminal discourses: fiction or reality? Official speech: what declared functions of criminal law and procedural law penalties? The real (concealed) discourse: what does (in fact) serve criminal intervention? Social status x penal state. The prisons of misery.
Labor Relations and Fundamental Rights (4 Credit Units, 60 Credit Hours)
Syllabus: Labor Law and the principle of the dignity of the human person. History of Labor Law: origin, development and crisis. The principle of the dignity of the human person. The principle of the dignity of the human person in the evolution of Labor Law.
Labor Relations and the Right to Health (4 Credit Units, 60 Credit Hours)
Syllabus: It proposes the study of the fundamental right to worker's health, its legal discipline in Brazil. Criticism. Solutions. 1 - Right to health. Concept. 2 - Affirmation of the right to health of the worker 2.1. Historical evolution 2.2. Worker's health and international documents 2.3. The health of the worker in comparative law 2.4. Brazilian legislation on the right to health of workers. 3 - The right to health as a fundamental right 3.1. Fundamental right. Notion 3.2. Dignity of human person. Notion 3.3. Dignification of work. 3.4. Existential minimum. Notion. 4 - Principles of the right to health and safety at work 4.1. Principle of the unavailability of workers' health 4.2. Principle of minimum regressive risk 4.3. Principle of the worker's right of refusal 4.4. Principle of worker health education 4.5. Principle of non-improvisation 4.6. Principle of retention of risk at source 4.7. Principle of adaptation of work to the worker.
Private Relations and Fundamental Rights (4 Credit Units, 60 Credit Hours)
Syllabus: The objectives of the discipline are: a) to question the dichotomy between public law and private law; b) correlate fundamental rights and private relations; c) identify the content, extent and importance of private legal categories for the realization of fundamental rights; d) analyze and discuss critically theories on the effectiveness of fundamental rights in private relations and their consequences; e) identify the role of legal operators, such as the judiciary, in the realization of fundamental rights in private relations.
Seminar on Political Philosophy (4 Credit Units, 60 Credit Hours)
Syllabus: Topics of Political Philosophy, with attention to the classic and most representative works of the current discussions, without linking to the chronological course of the authors and works.
Advanced Seminars (4 Credit Units, 60 Credit Hours)
Syllabus: The insufficiency of definitions of law, as a science, as knowledge, as a field of knowledge or social practice, for example, is a major shortcoming for the qualified research of this field of society. There is no possible way, in our opinion, of a definitive concept, even in terms of the effectiveness of each of the definitions presented: in fact, law is science, it is knowledge, it is a field of knowledge, it is social practice, it is common sense, it implies a range of meanings, which is characteristic of the wealth of meaning it contains. However, research demands the construction of strong senses, which present security to the society, allowing a quick understanding of this "object". Without the pretension of overcoming these questions, which, moreover, cross Western thinking, our seminars aim at an approximation of the problems they put. And it does so through the double cut of the approach of phenomenology and, more specifically, the study of the work "Truth and Method" by Hans-Gerg Gadamer. Of course, this approach requires a clear "distance" from law, from legal language, from the concepts built by this knowledge. (even if, for us, it is contaminated by this discourse, since it is conducted by a researcher immersed in this field of knowledge). The insufficiency of definitions of law, as a science, as knowledge, as a field of knowledge or social practice, for example, is a major shortcoming for the qualified research of this field of society. There is no possible way, in our opinion, of a definitive concept, even in terms of the effectiveness of each of the definitions presented: in fact, law is science, it is knowledge, it is a field of knowledge, it is social practice, it is common sense, therefore it implies a range of meanings, which is characteristic of the wealth of meaning it contains. However, research demands the construction of strong senses, which present security to the society, allowing a quick understanding of this "object". Without the pretension of overcoming these questions, which, moreover, cross Western thinking, our seminars aim at an approximation of the problems they put. And it does so through the double cut of the approach of phenomenology and, more specifically, the study of the work "Truth and Method" by Hans-Gerg Gadamer. Of course, this approach requires a clear "distance" from law, from juridical language, from the concepts built by this knowledge (even if, for us, it is contaminated by this discourse, as conducted by a researcher immersed in this field of knowledge).
Public Service and Sustainable Development (4 Credit Units, 60 Credit Hours)
Syllabus: To discuss the environmental issue and its relations with the Public Service, as an offer of concrete performance, aimed at satisfying basic needs of the community and material constitutional guarantee of the fundamental right to healthy quality of life.
SIDH and STF: a necessary dialog (4 Credit Units, 60 Credit Hours)
Syllabus: the discipline aims to analyze the plural system of protection of human rights, with special emphasis on the need to bring the dialogue between the Federal Supreme Court and the Inter-American System of Human Rights (IACHR) closer.
Collective Procedural System and the Role of the Judiciary in Collectivization (4 Credit Units, 60 Credit Hours)
Syllabus: Collective guardianship: micro or macrosystem? Common Law or Civil Law? Class actions. Constitutional and infra-constitutional principles of collective tutelage; Conditions and / or assumptions of collective tutelage; Procedural structure of collective tutelage - emphasis: interventions of third parties and litisconsorcio, answers; Proof in collective tutelage; Judged and prescriptibility of collective actions; Collective instruments of the demands (part I); Collective instruments of the demands (part II); Extrajudicial legal instruments: TAC, mediation and arbitration.
International Systems for the Protection of Human Rights (4 Credit Units, 60 Credit Hours)
Syllabus: This module aims to study the inter-American system for the protection of human rights in the Brazilian perspective. To this end, the basic concepts of International Human Rights Law and its impact on the formation of the inter-American system will be introduced to the student. Afterwards, the functioning of the system and its main organs will be detailed. Finally, it will be discussed the practice of the system and its relationship with Brazil, in particular regarding the execution of its decisions.
Sustainability and Jus-Agrarianism (2 Credit Units, 30 Credit Hours)
Syllabus: Social function and agrarian sustainability. Land tenure. Agrarian contracts. Land policy, agricultural policy and agrarian reform.
Current Issues in Procedural Law (4 Credit Units, 60 Credit Hours)
Syllabus: Neo-constitutionalism. Pluralism. Argumentation in judicial decisions. Role of the judge. Powers of the judge.
Criminal Law Theory and Constitution (4 Credit Units, 60 Credit Hours)
Syllabus: The problem of legitimating criminal law as an instrument of social control. Power to punish and constitutional limitations. Purposes of criminal law and penalty. Mechanisms of protection of the legal-penal good. Criminal intervention in the Democratic State of Law.
General Theory of Proof (4 Credit Units, 60 Credit Hours)
Syllabus: General theory of proof. Principles. Judicial activism. Instructional powers of the judge. Proof of loan, shared proof. Burden of proof. Inversion. Proof by illicit means.
General theory of the process (4 Credit Units, 60 Credit Hours)
Syllabus: Jurisdiction. Action. Objective content of the process. Subjects of the procedural relationship. Litigation and assistance. Intervention by third parties. Thing judged. Execution. Settlement of sentence.
Political Theory I (4 Credit Units, 60 Credit Hours)
Syllabus: This discipline will study the reflections of the main modern political thinkers, produced between the fifteenth and nineteenth centuries. Studying the authors' works will highlight their theoretical contributions to the construction of political modernity, as well as the legacy they have left us for contemporary political reflection. In the study will be emphasized the following topics: 1 - theories on the foundation of the State and political society; 2 - The conceptions of democracy, republic, law and equality; 3 - The moral and positive foundations of legitimacy and obedience to the social contract, to the State, to the government; 4 The forms of ordering the political order, representation and political participation in the Nation-State; 5 - The conservative, liberal and democratic-socialist matrix of political reflection; 6 - The influence of these matrices in the contemporary theoretical debate between liberal individualism and communitarianism, in view of the resumption of the theme of the social contract.
Political Theory II (4 Credit Units, 60 Credit Hours)
Syllabus: The discipline aims to promote the study of contemporary political theories that dedicate themselves to apolitical social, highlighting their contributions to the construction of new analytical paradigms on social justice in its normative, institutional and participatory aspects, both within the sphere of civil society and of the State. We will highlight how these theories help us to understand the complex relationship between social justice and participatory democracy; the dilemma of the State between deciding for the implementation of universal or focused social public policies; the impasses arising between their institutions and the demands of the minority social movements for social justice, motivated by the constitutional and juridical principles and precepts of human, social, economic and cultural rights. In an attempt to understand how contemporary political theory has contributed to the construction of paradigms on the "politicization of social", we will study in a critical and comparative way some of its main currents of thought: 1) theory of the right of well-being. 2) participatory democracy theory. 3) postmodern theory. 4) theory of new social movements and civil society. 5) liberalism and communitarians. With this discipline, we aim to provide analytical references for the historical studies of the research lines of the course, especially the one dedicated to the area of public policies.
Theories of Justice I (4 Credit Units, 60 Credit Hours)
Syllabus: Discuss in the scope of theories of justice, the thoughts of John Stuart Mill (utilitarian), John Rawls (liberal de principios) and Robert Nozick (libertarian).
Special Topics (4 Credit Units, 60 Credit Hours)
Syllabus: Through this discipline, it is intended to open the exchange with teachers from other HEIs on topics relevant to the Course. It is a form of oxygenation of the Program.
Slave-like work (4 Credit Units, 60 Credit Hours)
Syllabus: Work analogous to slavery: legal characterization. The dignity of the human person as the principal legal good protected by the crime of reduction to the condition analogous to that of a slave. Historical antecedents that justify the typification of the crime foreseen in article 149 of CPB. Judicial analysis of the crime based on the decisions handed down by both the Labor Court and the Federal Common Court.
Custody of Diffuse and Collective Interests (4 Credit Units, 60 Credit Hours)
Syllabus: Collective judicial protection. Collective judicial protection in kind. General theory of the collective process. Specific guardianship of do's and don'ts. Temporary relief. Burden of proof. Resources and res judicata. Settlement and enforcement. Popular action. The public civil action. Collective Security Mandate. Injunction. Specific guardianship. Inhibitory protection.