https://stricto.unoesc.edu.br/wp-content/uploads/2024/06/direito.mp4

Doctorate in Law

Research

Lines of research

The first line of research and studies comprises themes, problems and interpretations involving human rights and fundamental civil rights, with special attention to individual freedoms and civil goods in the context of the technological revolution, the knowledge economy and democracy.

The second line of research and studies includes themes, problems and interpretations involving human rights and fundamental social rights, with special attention to labor relations, the right to health, social assistance and social security, education, housing and other related rights, with a special interest in public policies and convergences with development.

Research groups

  • Leaders: Cristhian Magnus De Marco, Paulo Junior Trindade dos
    Santos.

FUNDAMENTAL RIGHTS AND THE INFORMATION SOCIETY (2021).

  • Leader: Vinícius Almada Mozetic.

INTERCULTURALITY AND INTERSUBJECTIVITY: GENDER, SEXUAL ORIENTATION, RACE AND ETHNICITY (2019).

  • Leaders: Riva Sobrado de Freitas and Thais Janaina Wenczenovicz

PROTECTING FREEDOMS IN THE SOCIETY OF CONTROL (2019).

  • Leaders: Deise Helena Krantz Lora, Matheus Felipe de Castro.

REDESS - REGULATION OF SUSTAINABLE SOCIAL DEVELOPMENT (2019).

  • Leaders: Carlos Luiz Strapazzon, Beatriz Cardoso Montanhana.
  • Leaders: Robison Tramontina, Wilson Antônio Steinmetz.

Curricular components

The doctorate represents the highest level of integration between theory and practice, offering
an ideal environment for the development of innovative discoveries and significant advances.


Curriculum structure

DISCIPLINES COMMON TO THE AREA OF CONCENTRATION (180h)

Theories of Justice and Fundamental Rights (45h)

Justice: Concepts and Theories: Theory of Justice: between Philosophy of Law and Political Philosophy. What is Justice? Concepts and Theories of Justice. Justice as equity: Rawls' Theory of Justice (liberal perspective). Nozick's Theory of Justice (libertarian perspective). Sandel's Theory of Justice (communitarian perspective). III Justice as well-being: Dworkin's Theory of Justice (egalitarian perspective). Sem's Theory of Justice (empowerment perspective). Posner's Theory of Justice (economic perspective). IV Justice as recognition: Honneth's Theory of Justice. Fraser's Theory of Justice. Justice and Discourse Theory: Habermas' Theory of Justice. Alexy's Theory of Justice. VI Practical cases: application of theories.

Theories of Democracy and Fundamental Rights (45h)

The sociological analysis of democracy in the classics of Political Sociology. The critique of elite theory. The critical return to the tradition of liberal democracy. Representative democracy. Democracy and political participation. Deliberative democracy and social activism. Democracy and the Effectiveness of Fundamental Rights: constitutive assumptions and case studies.

Advanced Seminars on Research and Intellectual Production in Network I (30h)

Analysis and understanding of the different methods applied in social science research. Analysis of the modalities and forms of research: quantitative, qualitative, reflective, descriptive and propositional. Analysis of the different research procedures. Analysis of the elements and foundations of a doctoral thesis project. Analysis of the theoretical frameworks applied to research in law. Application of theoretical frameworks in the analysis of concrete and real problems that adhere to the PhD course's area of concentration and lines of research. Construction of problems that justify scientific research. Analysis of the formal elements of the research project and the research report.

Advanced Seminars on Research and Intellectual Production in Network II (30h)

Analysis and understanding of the different methods applied in social science research. Analysis of the modalities and forms of research: quantitative, qualitative, reflective, descriptive and propositional. Analysis of the different research procedures. Analysis of the elements and foundations of a doctoral thesis project. Analysis of the theoretical frameworks applied to research in law. Application of theoretical frameworks in the analysis of concrete and real problems that adhere to the PhD course's area of concentration and lines of research. Construction of problems that justify scientific research. Analysis of the formal elements of the research project and the research report.

Advanced Seminars on Research and Intellectual Production in Network III (30h)

Analysis and understanding of the different methods applied in social science research. Analysis of the modalities and forms of research: quantitative, qualitative, reflective, descriptive and propositional. Analysis of the different research procedures. Analysis of the elements and foundations of a doctoral thesis project. Analysis of the theoretical frameworks applied to research in law. Application of theoretical frameworks in the analysis of concrete and real problems that adhere to the PhD course's area of concentration and lines of research. Construction of problems that justify scientific research. Analysis of the formal elements of the research project and the research report.

BASIC LINE DISCIPLINES (180h)
CIVIL FUNDAMENTAL RIGHTS (135h + 45h in the Social Fundamental Rights line)

Advanced Seminars on the Protective Effectiveness of Civil Liberties (45h)

The historical, epistemological and political context of freedoms in Modernity and Post-Modernity. The historical, epistemological and political dimension of civil liberties in contemporary constitutional theory. Civil Liberties in the legal theory of Fundamental Rights. Legislative mechanisms to protect civil liberties (the legislative process and techniques for legally defining liberties). Administrative mechanisms to protect civil liberties (the administrative process, affirmative action, regulatory agencies, economic policies, public hearings, councils and other instruments for popular participation in the spheres of government, the Public Prosecutor's Office and defense offices). Judicial mechanisms for the protection of civil liberties (judicial process, jury trial, constitutional remedies for the defense of civil liberties, amicus curiae, binding precedents, control of constitutionality, petition for breach of fundamental precept, injunction, public hearings within the judiciary, interpretation in accordance with the Constitution). International mechanisms to protect civil liberties (UN Human Rights Commission, Inter-American Court of Human Rights, International Criminal Court, Amnesty International, WTO, political and economic blocs, economic embargoes, humanitarian actions, political asylum, declarations, international pacts and conventions).

Advanced Seminars on Fundamental Civil Rights in the Global Society
Information (45h)

The Information Society and cyberspace: society, economy and culture. The problematization of the subject in the ethical and political dimension of the Information Society: over-indebtedness and the hyper-vulnerable. The Information Society: protection of common goods and traditional community knowledge. The socio-political dilemma: individuality in the technological age. The incursion of personality rights into Cyberculture (i): state of the art of personality rights; (ii): private life, intimacy and privacy; (iii) reflections of normativity; (iv) the right to information and its limits (the right to be forgotten).

Advanced Seminars in Fundamental Rights and Private Law (45h)

Fundamental civil rights and the free development of human personality; the protection of human dignity in relations between private individuals: the foundations, extent and limits of the horizontal effectiveness of fundamental rights of freedom; the protection of life, private autonomy/self-determination and personality rights in the face of scientific and technological development, with special emphasis on the themes and problems investigated in the field of bio-law.

SOCIAL FUNDAMENTAL RIGHTS (135h + 45h of Civil Fundamental Rights)

Advanced Seminars on Labor Relations and Social Security (45h)

The fundamental right to decent work and social security: minimum universal standards of social protection for the 2015-2030 agenda. Multidimensional poverty and new forms of inclusion and exclusion in the world of work. Social dialogue and social consultation in the world of work: democracy, governance, good practices and empowerment. Mechanisms for applying and promoting international labor and social security standards - the International Labor Organization. Creative arrangements for protecting work and social security (I): urban and rural life. Creative arrangements to protect labor and social security (II): mechanisms to promote freedom of association and collective bargaining. Creative arrangements to protect work and social security (III): mechanisms to eradicate forced labor. Creative arrangements to protect work and social security (IV): mechanisms to eradicate child labor. Creative arrangements for labor protection and social security (V): mechanisms to promote equal opportunities. Creative labor protection and social security arrangements (VI): mechanisms to promote gender equality and the status of women. Creative arrangements for protecting work and social security (VII): mechanisms for promoting equality on the grounds of ethnicity - the status of blacks and Indians. Creative work protection and social security arrangements (VIII): mechanisms to promote equality on the grounds of physical or mental ability - the status of people with disabilities. Creative work and social security protection arrangements (IX): mechanisms to promote equality based on national origin - the status of immigrants. Creative arrangements for social cohesion: local, regional, national and international cooperation mechanisms for health protection - work and social security. The world of work and social security in a context of crisis.

Advanced Seminars on Public Policies for the Realization of Rights (45h)

Historical milestones of politics, competitive politics, cooperative politics and public politics. The postmodern state and social policies: from absolutism to social welfare and the managerial guarantor state. The redefinition according to Chevalier, rationalization and citizenship. French and American matrices. Public policies: Legislative policy, administrative policy and community policy. Political planning and administrative discretion. Democratic participation: participatory and deliberative democracy, federal, state and municipal councils, public hearings and other participatory and deliberative experiences. Governance in unitary, regional, autonomous, federative and supranational models. The limitations of the institutional legal model, local power and the decentralization of politics: governmental and non-governmental policy actors, multilateral bodies. Agenda-setting, the object of policy and policy implementation: inequality, compensation, inclusion. Control of public policy and administrative acts and contracts: supervisory bodies, society, the TCU and the judiciary. Demanding social rights, possibilities and limitations, judicialization and activism.

Advanced Seminars on Sustainable Cities, Development and Fundamental Rights (45h)

Sustainability as a Human Right and Fundamental Right. Sustainability and human settlements. Sustainability, citizenship and sustainable democracy: case studies in the Brazilian legal system. The judicialization of sustainability: case studies. Human dignity, the right to integral development and sustainability: related meanings and prospects for realization. The necessary connection between integral development and sustainable democracy in a Constitutional, Democratic and Socio-Environmental State of Law. The principle of sustainable national development and sustainable public procurement in Brazil. Sustainable public procurement in the context of recent European Union Directives: a comparative study to improve the Brazilian model. Brazilian sustainable public procurement: normative specificities. Brazilian sustainable public procurement: analysis of practical examples of these types of tenders and contracts.

SPECIAL TOPICS (30h)

Special Topics in Fundamental Civil Rights (15h)

The Special Topics address cross-cutting and emerging themes in the field of fundamental civil rights. The aim is to develop mastery of literature and specialized cases in Brazil and abroad.

Special Topics in Fundamental Social Rights (15h)

The Special Topics address cross-cutting and emerging themes in the field of fundamental civil rights. The aim is to develop mastery of literature and specialized cases in Brazil and abroad.

DOCTORAL THESIS (195h)

Project Development and Thesis Qualification (45h)

Check the provisions of the PPGD Regulations.

Thesis Preparation and Final Defense (150h)

Check the provisions of the PPGD Regulations.

COMPLEMENTARY ACTIVITIES (30h)

Presentation of 2 Papers at a Scientific Event (30h)

Preparation and presentation of an article with participation in a scientific event.

Teaching Internship (30h)

Check specific regulations for the teaching internship.

STUDY AND RESEARCH GROUPS (135h)

Study and Research Activities I (45h)

Each Study and Research Group (GEP) defines its themes, problems, methodology and bibliography.

Study and Research Activities II (45h)

Each Study and Research Group (GEP) defines its themes, problems, methodology and bibliography.

Study and Research Activities III (45h)

Each Study and Research Group (GEP) defines its themes, problems, methodology and bibliography.

Investment

Regulations

Doctorate in Law
Teaching Internship
Guidelines for final deposit
RN 01.2021
RN 1.2022
Self-evaluation
EN