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

Mestrado em Direito – Turma Joaçaba

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 master's degree is a solid integration of theory and practice, providing an ideal environment for
development of new ideas and innovations, with up-to-date and specialized subjects in the chosen field of study.


Curriculum structure

DISCIPLINES COMMON TO THE AREA OF CONCENTRATION (120h)

General Theory of Fundamental Rights (30h)

Study of the formal, procedural and material concepts of fundamental rights. Identification of the connections between state paradigms (liberal, social and democratic) and fundamental rights. From a perspective that includes the analytical, normative and empirical dimensions, study of core themes and problems of interpretation and application of fundamental rights, as subjective rights and objective principles, within the framework of the 1988 Constitution of the Federative Republic of Brazil: structure of fundamental rights norms; functions of the different types of fundamental rights; restriction and collision of fundamental rights, principle of proportionality, essential core of fundamental rights, horizontal effectiveness of fundamental rights.

Human Development and Interculturality (30h)

Historical dynamics and processes in and for Human Development in Latin America and Brazil. Concepts of culture, identity and difference. Interculturality: genesis and main trends. Interculturality and Human Rights. Human rights in Latin America and Brazil. Human rights: subaltern and invisible groups. Coloniality of power and knowledge in legal thought. Decolonial thinking and human rights. Human rights and non-Western cultures.

Philosophy of Justice (30h)

The problem of justice. History of ideas about justice. Contemporary theories of justice. Distributive justice and inequalities. Justice and fundamental rights.

Scientific Knowledge and Research Methods (30h)

Assumptions and foundations of contemporary science: the various epistemological approaches. Theories of knowledge. Research in law: concept, classification, methods. The stages of research in law: data collection, data recording, information recording and report writing. Preparing a research project in law: structure and content. The Master's Dissertation and its specificities. ABNT standards applied to research in law.

BASIC LINE DISCIPLINES (150h)
CIVIL FUNDAMENTAL RIGHTS (120H + 30H IN THE SOCIAL FUNDAMENTAL RIGHTS LINE)

Constitutional Protection of Privacy (30h)

Human rights, fundamental rights and personality rights: distinctions and interrelationships. Fundamental personality rights in the public sphere: self-determination, private autonomy, private life, intimacy, honor and self-image. Dogmatics of fundamental personality rights applied to private relations. Constitutional protection of privacy.

Individual Liberties and Due Process in a Punitive Society (30h)

The paradigm of the punitive society. Due process and procedural systems. Freedom: ontological, epistemological, linguistic and political meaning. What is a punitive society and how does it relate to fundamental rights? Punitivism, control and inquisitorialism as legal, social and political phenomena. Due process and procedural systems. Inquisitorial procedural system. Accusatory procedural system. A negotiated procedural system? Theories of freedom. Freedom and power. Freedom and subjectivity. Dignity: freedom and fundamental rights in the high-tech state.

Private Property and Contractual Freedom in the Information Society (30h)

The new contractual forms of the Information Society. New property law. Challenges of the Information Society for the application of Traditional Private Law.

Free Personality Development, Gender Identity and Inclusion (30h)

The right to the Free Development of Personality presupposes the right to the construction of personal identity in an autonomous way and proposes the resumption of the right to Private Autonomy on a different basis to Classical Liberalism, as the right to be alone in one's singularity, with a view to the construction of the right to Private Decisional Autonomy, as the right to One's Own Body (physical, mental and other aspects) and the Right to Information, necessary for personal choice in matters of gender, sexuality, bioethics, euthanasia, etc. It also proposes special attention for contemporary debates on gender, sex and sexuality issues, admitting the possibility of situating gender and sex in the context of discourse, reflecting their constructed nature, from a heterosexual society, as opposed to what would be considered natural.

Scientific Freedom, Bioethics and Biotechnology (30h)

This course introduces the study of bioethics, bio-law and their legal repercussions on advances in biotechnology, biomedicine, as well as medical-scientific ethics in relation to human beings, using the principles enshrined in the Federal Constitution relating to the protection of Life, Health and Human Dignity in relation to the study of specific cases.

SOCIAL FUNDAMENTAL RIGHTS (120H + 30H IN THE CIVIL FUNDAMENTAL RIGHTS LINE)

Decent Work and Justice in Labor Relations (30h)

The fundamental right to decent work: universal minimum standards. Multidimensional poverty and new forms of inclusion and exclusion in the world of work. 3. social dialogue and social consultation in the world of work. 4) Mechanisms for applying and promoting the International Labor Organization's international labor standards. 5) Mechanisms for promoting freedom of association and collective bargaining. 6. creative labor protection arrangements: eradication of forced labor and child labor. 7. protection and promotion of gender equality. 8. promoting equality on the grounds of physical or mental ability and the condition of people with disabilities. 9. protection of labor and social security: mechanisms to promote equality on grounds of national origin the status of immigrants. 10. The world of work in a context of crisis.

Social Security: Health, Welfare and Social Assistance (30h)

This course deals with the scope of protection of fundamental social security rights, based on the conceptual references set out in Brazilian constitutional law (health, social security and social assistance). It explores their connections with human rights, in order to deepen the material and effective analysis of the goods protected, the forms of protection and the techniques for specifying (and attributing) rights to the broad and open notion of social security. This course deals with a fundamentally important right that is largely unrecognized in Brazil: the human right to social security. This right is at once a condition and a constituent element of a minimally decent human life. In fact, the protection of this right is necessary to guarantee many less controversial human and constitutional rights. However, social security does not only refer to social insurance mechanisms, such as welfare systems. Nor should it be confused with other forms of social protection, such as social assistance mechanisms. Without excluding them, the right to social security has a broader scope, as it addresses the general issue of security against all forms of poverty, but also relates to the dilemmas of a lack of minimally adequate opportunities for decent well-being, human contact and social inclusion. The human right to social security has immediate and direct interfaces with civil rights and political rights, and also with economic rights, as it directly involves issues of work and employment, the role of families, and particularly women, children and the elderly. On the other hand, it is one of the most politicized rights today. The approach offered in this course takes into account these multiple current approaches in order to deepen the study of the Brazilian social security system, its main normative contours and the most important barriers that need to be overcome in order to make this human right a reality.

Education and Effective Public Policies (30h)

Considering that education, understood as teaching, research and extension, is a fundamental social right of every citizen and aims to guarantee the full development of the citizen for life - not just literacy, nor merely content or technical, but integrating the multiple identities of each person and that education must be linked to the world of work and social practice, the subject aims and proposes to study education as a material right of a dual nature (objective right and subjective right), through the conceptual contribution of its basic elements and its highest objectives. As essential elements, the course will investigate: 1. The historical, philosophical, legal and political recognition of the nature of education as a fundamental and social right (fundamentality), based on its history, normativity (treaties, international conventions and Brazilian constitutions and others in the comparative universe); 2. The mission of education to prepare every human being for autonomous life, with an analytical, critical and participatory democratic capacity (critical politicality and sociality), through the conceptual study of democracy and participation, as well as investigating the structuring, conduct, monitoring and social control of the public policy cycle; 3. The structuring and functioning of Brazilian education, based on the constitutional distribution of competences and historical or current Brazilian educational public policies, adopted or to be adopted, identified with basic education (early childhood education or pre-school, primary education, secondary education - traditional or professional - and youth and adult education) and/or higher education. Inclusive special education and indigenous education will also be considered. The study will include an analysis of the Constitutional Education System, the National Education Guidelines and Bases Law (Law No. 9.394/96), the National Education System (SNE), the structuring goals of the National Education Plan (PNE), the national curriculum parameters, training itineraries and national and/or regional education policies.

Housing, Mobility and Well-being in Sustainable Cities (30h)

The right to housing in the International Covenant on Economic, Social and Cultural Rights. The United Nations Sustainable Development Goals: normative possibilities. Urban policy in the Federal Constitution and Fundamental Rights. Sustainable cities, the Master Plan and the social function of property. Human mobility. Democratic rule of law and participatory city management. Resilience and smart cities. Well-being in the urban environment: challenges in an era of paradigmatic disruption.

Administrative Activity: Non-Discrimination and Sufficient Protection and Social Rights (30h)

The aim of this course is to identify the reasons for the justification and foundation of the Principle of Equality and Non-Discrimination in the realization of Fundamental Social Rights by the Public Administration, as well as the means placed at its disposal for sufficient protection of the guarantee of such rights in the current Brazilian political/economic/social conjuncture and conjuncture, not forgetting the necessary comparison with other countries, not least because Brazil is linked to the realization of the sustainable development goals of the UN Agenda 2030. The course thus aims to study the main foundational theoretical frameworks of the declarations of will made by the Public Administration in the protection of and equal access for all to the Fundamental Social Rights established in the Federal Constitution, and how they can be integrated into the Brazilian legal system, as well as evaluating the theoretical and practical instruments for interpreting and applying the legal system with the aim of making this non-discrimination effective. In this sense, the following elements will be addressed: a) Identify and address the founding theoretical bases of State Theory and the formation of Public Administration, as well as the restructuring of contemporary Public Administration. b) Identify and address the theoretical bases of Democracy models. c) Address the Principle of Equality and Non-Discrimination in State action. d) Address the economic and public management aspects for the realization of Social Fundamental Rights in an isonomic manner. e) Identify which decision-making activities (administrative acts and processes) of the Public Administration serve to explore the conditions and possibilities for the effective protection/enforcement of these rights in the context of social pragmatics.

SPECIAL TOPICS (30h)

Fundamental Civil Rights, Hermeneutics and New Technologies (15h)

The syllabus for the Special Topics will be approved by the PPGD Board in the two lines of research, with the aim of promoting exchanges between professors who are members of research networks and delving into specific topics.

Empirical Research in Law: Methods and Techniques (15h)

The syllabus for the Special Topics will be approved by the PPGD Board in the two lines of research, with the aim of promoting exchanges between professors who are members of research networks and delving into specific topics.

Fundamental Rights on the Net (15h)

The syllabus for the Special Topics will be approved by the PPGD Board in the two lines of research, with the aim of promoting exchanges between professors who are members of research networks and delving into specific topics.

Comparative Study of Fundamental Rights (15h)

The syllabus for the Special Topics will be approved by the PPGD Board in the two lines of research, with the aim of promoting exchanges between professors who are members of research networks and delving into specific topics.

ORIENTATION PROGRAM - DISSERTATION (150h)

Project Development and Dissertation Qualification (30h)

Check the provisions of the PPGD Regulations.

Dissertation Preparation and Final Defense (120h)

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 (90h)

Study and Research Activities I (30h)

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

Study and Research Activities II (30h)

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

Study and Research Activities III (30h)

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

Investment

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