PPGD - Law Graduate Program

Area of Concentration: Human Rights

The theme of Human Rights makes it possible to face the serious problems experienced by Amazonian society, resulting from an economic model based on the unsustainable exploitation of natural resources, which generates environmental degradation without significantly improving the living conditions of its population. This reality causes constant violations of the human rights of traditional populations and in urban centers, which will be the main object of concern for the research lines of PPGD-UFPA.

1. Constitutionalism, Public Policies and Human Rights

Description: This research line aims to address the theme of human rights from a reflection on constitutionalism and public policies. Since the first written Constitutions of the modern era, the theme of human rights has been intrinsically linked to the Constitutional State, whose purpose is precisely to protect, guarantee and promote these rights. At the same time, the integral conception of human rights requires from the State a set of public policies to implement them, the success of which depends on an adequate institutional organization for this purpose. In this line, the relations between constitutionalism and human rights will be analyzed especially regarding the development of judicial protection systems under the Democratic Constitutional State and their participation in international protection systems. Regarding public policies, the emphasis will be on the interrelationship between financial and tax instruments and the implementation of human rights.

Linked Professors: Professor Antonio Gomes Moreira Maués, Professor Breno Baía Magalhães, Professor Calilo Jorge Kzam Neto, Professor Celso Vaz, Professor Cristina Terezo Ribeiro, Professor Fernando Scaff, Professor Luma Cavaleiro de Macêdo Scaff, Professor Maria Stela Campos, Professor Paula Arruda de Azevedo.

2. Fundamental rights: implementation and guarantees.

Description: This research line proposes to think about fundamental rights and to deal with their guarantees and their fulfillment in the context of contemporary legal relations and with a transdisciplinary perspective, especially in the face of people and groups in factual situations, social, economic and legal areas of vulnerability. It is an expressive challenge of the present research line to bring together various focuses of analysis based on reflections and debates about the re-reading of classic conceptual frameworks in dialogue with new models of rights and their concrete possibilities of effectiveness. The research line, among other possibilities, aims to: 1. problematize the theoretical rationality and practical aptitude of civil material, consumerist, labor and procedural legal microsystems for the realization of fundamental rights; 2. create a space for a multifaceted reflection, to which the most important questions concerning the crisis of the modern paradigm and the characteristics of the emerging model converge (nature / culture, subject / object, body / psychism, reason / passion); 3. connect legal reflection with questions of practical philosophy in general and philosophy of law in particular, including the discussion of principles of justice, metaethics, moral rights, virtues, basic human goods, duties, utility, authority and the common good, about the foundation and operationalization of fundamental rights through the identification of ethical and legal principles and procedures that, in the dynamics of a pluralist and democratic society, guide their implementation, in the constant search for a more free, just and solidary society; 4. reflect and analyze the theme of fundamental rights in their integral theoretical and practical configuration, in order to cover so-called civil rights, socio-economic-cultural rights and their respective guarantees; 5. problematize and identify, from a transdisciplinary theoretical perspective, new subjects of law and their concrete relations with the different legal models of guarantee and implementation of fundamental rights in the public space of legal institutions, society and the market; 6. re-reading of traditional civil, consumer and labor relations institutes and individual and transindividual procedural tutelage - and the very mitigation of the dichotomy between public and private law - motivated by this new subject paradigm, in which the mere protection of autonomy private, of an individualistic and patrimonialist nature, gives way to the integral protection of the dignity of the human person through the direct application of constitutional principles to private relations, within the scope of the methodological perspective of the so-called constitutionalization of private and procedural law.

Linked Professors: Professor Dennis Verbicaro Soares, Professor Gisele Santos Fernandes Góes, Professor Ney Stany Morais Maranhão, Professor Pastora do Socorro Teixeira Leal, Professor Rosalina Moitta Pinto Da Costa, Professor Sandoval Alves da Silva, Professor Victor Sales Pinheiro.

3. Fundamental Rights and the Environment

Description: The present research line presents as methodological part of the investigation the environment, urban and rural, as well as the land problem and the consolidation of traditional territories, based on the principle of fundamental rights based on contemporary environmental sustainability, in a conception holistic approach to the problem. The supremacy of fundamental rights in the Democratic State of Brazilian Law results in legally recognizing the existing cultural plurality, since its historical formation, in society. Thus, the black, the Indian, the Portuguese colonizer, the difference in gender, color, age, the sexual option, human sexuality, in short, any and all situations, segments or social groups were recognized on the basis of the current legal and political statute, since the constitutional foundations are based on the values of a fraternal, pluralistic, unprejudiced and inclusive society. With this, the ownership of rights is reaffirmed axiologically by the principle of the dignity of the human person, based on today's constitutional order. Taking human dignity as an axis, the participants of this research line have turned to a common point in their studies and research - the environment, that is, the living space of the human beings who are protagonists of their research, be it the environment rural, whether urban. After all, “everyone has the right to an ecologically balanced environment” and must be protected by civil society and public authorities, for current and future generations. The contemporary aim is to provide Brazilian human beings with a dignified and healthy quality of life: an environment suitable for the health and well-being of the population. Paradigmatically, in current concepts, the pursued development is sustainable, conceived as a constitutional principle and results from the institutional design demarcated by the expansion of the market economy. Thus, sustainability, in the developmentalist ideal, is umbilically linked to economic elements of a model of appropriation of environmental goods. However, in recent years, the research line has studied the other side of the coin and has entered the investigation of socioeconomic well-being, ecological balance, ensuring cultural diversity and the protection of nature, which are not mirrored by the predominance of the economic element. , as only happens in sustainable development, but with quality of life, focused on development, yes, however, for human development, in disregard for sustainable / economic, as practice has shown that often sustainable development has made tabula rasa quality of life and turned its back on human dignity. Hence, then, it is appropriate to seek the conceptual value of sustainability to identify the present research line, alongside fundamental rights and the environment. In summary, the intention is to develop the discussion on the theoretical-methodological question of the interface between society and environment, the existing link between the environment and fundamental rights, since violations of human rights can also lead to environmental degradation or make it more difficult to environmental protection, both in the rural and urban spheres.

Linked Professors: Professor Antônio José de Mattos Neto, Professor Daniella Maria dos Santos Dias, Professor Eliane Cristina Pinto Moreira, Professor Girolamo Domenico Treccani, Professor João Daniel Sá, Professor Jose Heder Benatti, Professor Lise Vieira da Costa Tupiassu Merlin, Professor Luly Rodrigues da Cunha Fischer, Professor Valena Jacob Chaves Mesquita,

4. Critical Studies of Law

Description: The research line “Critical Studies of Law” brings together researchers located in various academic fields (Law, Philosophy, Sociology, Anthropology), who seek to develop critical reflections, interdisciplinarily, on legal and governmental practices and discourses / justifications. Denying the neutral, essentially technical and resolutive character of dogmatic and legal practice, the members of this line demand a critical look at two fundamental levels: (a) criticism of power relations and social hierarchies based on stigmas consolidated in normative and legal practices; and (b) criticism of the epistemic assumptions of legal rationality and hegemonic governmental reason. Based on this theoretical-political proposal, the professors of the line investigate about a wide variety of theoretical and empirical issues and questions related to the unrestricted defense of social justice, such as: language, ethics, gender, ethnicity, capital and work, social inequalities, criminalization and marginalization of poverty, normalizations and hierarchies in late capitalism, decolonial studies, human rights, neoliberalism, social movements, vulnerable groups, bioethics and biodiesel, among others.

Linked Professors: Professor Andreza do Socorro Pantoja de Oliveira Smith, Professor Jane Felipe Beltrão, Professor Jean-François Deluchey, Professor Mônica Prates Conrado, Professor Paulo Sérgio Weyl A. Costa, Professor Raimundo Wilson Gama Raiol, Professor Ricardo Dib Taxi, Professor Ricardo Evandro Martins, Professor Saulo Monteiro Martinho de Matos.

5. Penal system and human rights

Description: The objective of this research line is to analyze the penal system in its most varied manifestations, always with the guiding thread of the model of Democratic State of Law, designed by the Constitution of the Republic of 1988. Themes related to violence, punishment, punishment will be analyzed, process, social control, criminal dogmatic and the functioning of the system. These are themes that tend to sharpen interests and occupy the scene of the most different discourses, ranging from common sense to the most sophisticated academic formulations and need to be critically analyzed. The research projects in this line aim to analyze the speeches focused on the issue, verifying their compatibility with the current constitutional model and with the theory of human rights.