Research Projects are presented in this session, connected to Research Lines from the Concentration area “Law and Justice” of the Post-Graduate Program in Law at UFMG (Minas Gerais Federal University).  They are structured in “Collective Project“, contemplating the grouping of teachers with joint research activities, and are responsible for PPGD scientific production within each one of its Lines. Likewise, they serve as a space for guiding theses and dissertation projects by Doctoral and Master’s students.

Since 2011, the Program has aimed to stimulate not only works of the Lines considered individually, but also articulation and integration efforts between the Research Lines, with results that can be verified from the scientific production, in the menu Publications, as well as in the respective profiles of the Faculty Members. Aiming at the administrative management of the annual Editions of the Selection Process, the offer of positions for admission to the Master and Doctorate is organized, according to the public notices published yearly, in Research Lines and Areas of Study.

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Line 1

Summary

It is proposed to study fiscal and tax justice from the perspective of contemporary philosophical, political and economic theories, which deal with justice and equality for the examination of the tax system, considering tax domestic and international competition and its effect on the construction of human rights, especially in developing countries. In the light of such theories, the regressive or non-regressive effects of consumption taxes, characteristics of developing countries, in the face of taxes on income and wealth, must be questioned. The issue of proportionality, progressivity, universality, and generality, the concrete construction of human and social rights, the prohibition of setbacks, and the counter-principle of reserving of the possible. The balance of legal security and taxpayer guarantees as constitutional limits on the power to tax.

Line 1

Summary

The foundation of human rights, state authority, political institutions, and constitutional jurisdiction is sought from three approaches, which are mutually presupposed: i. a reinterpretation of the contemporary theories of Law and Constitution, inspired by an interdisciplinary approach with Ethics and Political Philosophy, with a view to building a conception of jurisdiction adequate to the paradigm of the Democratic State of Law; ii. a theory of human and fundamental principles of the 1988 Constitution, which can deal with the political-social pluralism of the contemporary society; iii. a theory of the science of law and a juridical-compared study of the constitutional jurisdiction, as well as the adequate institutional designs both for the protection of the fundamental rights and for the participation of “constitutional subjects” in the procedural protection of these rights.

Line 1

Summary

Criminal dogmatics in the Democratic State of Law: structure, function, limits, and interactions. Theory of criminal law. Theory of criminal legal good and material concept of crime. Theory of crime: elements, Evolution, variations, and contemporary problems. Theory of criminal sanction: purposed, limits, enforcement and execution of sentences, security measures, and extra-criminal consequences of the conviction. Compared criminal dogmatics. Supranational Criminal Law. Criminal Dogmatics and other knowledge: the influence of other sectors of the legal system, criminology, and criminal policy. Theory of the Special Part of Criminal Law. Crimes in kind and socio-economic criminal law.

Line 1

Summary

The project revolves around two axes: (1) Study and development of legal instruments and tools for use by the public administration in promoting the constitutional objectives, such as the construction of a free, fair and solidary society, guaranteeing national development and the eradicating poverty, marginalization, and reduction of social and regional inequalities. Strategic studies of the needs of public administration in its most diverse forms of interaction with citizens and with the private sector in general, aiming at contributions in the justification, conception, and design of legal instruments that promote development and inclusion, and the evolutionary construction of the fundamental rights. (2) Approach to the changes and demands verified in the contemporary State regarding the trends in the replacement of traditional ‘jus imperii’, legally and ideologically weakened, reflecting on procedures and instruments that enable the active participation of citizens, the search for consensus for the benefit of the effectiveness of fundamental rights and the improvement of administrative action, aiming to contribute for the development and social inclusion.

Line 1

Summary

The study of development and the company in the market in the Democratic State of Law is proposed, focusing on the examination of interactions and state and company strategies, and the guarantees and freedoms of the subjects of law. The research aims to develop studies of State institutions and their interfaces with business activities, legal instruments to encourage the development of innovation, new technologies, mobilization of credit and financing, as well as mechanisms of control and regulation of the State on the action of companies in the market. The development of adequate theoretical tools for the study of these matters is also sought.

Line 1

Summary

The proposal is to understand the objectives of the National Financial System and understand at what level there is harmony between private and public legal institutions regarding the effectiveness to reach the identified objectives from the applicable constitutional dictates. In order to carry out the proposed study, the investigation starts in compliance with the contours of the Statement of Rights for Economic Freedom, from the examination of the legal subjects and instruments; acts and legal transactions, credit bonds, securities, which they use to dedicate to the professional exercise of intermediation of financial resources within the scope of the National and International Financial System, its State regulation, and self-regulation. It passes through the study of currency and its implications for Currency and Financial Systems, the regulation and organizational structure of the National Financial System, Cooperative Credit System, and Digital Financial System, involving digital monetary transfers with approach about the Brazilian Payment System (SPB), the payment arrangements, electronic accounts, the implications of virtual currency, and BlockChain technology on electronic financial intermediation. It also approaches the understanding regarding the supervisions and punishments activities of regulation agents over agents of the National Financial System, either regarding their phase of stay or exit from the market. Then, the need to study the judicial regulation, sanctioning administrative process, and Punitive Legal Framework of the National Financial System. The criminal intervention will be examined under the perspective of its legitimacy as a result of the identification of authentic legal interests in the context of criminality against the Financial System. Particular emphasis is intended to be dedicated to merely symbolic manifestations of the punitive power. Crimes against the financial system in kind will also be examined from the perspective of minimum and guarantor criminal law.

Collaborators

Coordination

Marcelo de Oliveira Milagres Coordinator

Line 1

Summary

This area of study seeks to analyze, in a systemic form, how technology has influenced the Law and innovation. It approaches researches – preferably in multi-disciplinary perspective – that have as object of study several matters involving Law and technology, in order to understand their legal, economic, and social aspects, as well as address solutions to them that are not only in line with legal protected values, but also feasible in practice. Therefore the research projects must demonstrate their connection with social issues and the needs of the business environment.
Among the topics that can be addressed, the following are highlighted: Big Data, Blockchain, E-commerce, Network Design and Internet Infrastructure, Right to Oblivion on the Internet, Junior Company, Artificial Intelligence, Instruments of Private Investment in Innovation, Instruments of Public Investment in Innovation, Legal techs and the Future of the Legal Market, Civil Rights Framework for the Internet, Unwanted Electronic Messages (SPAM), Privacy and Personal Data Protection, Service Providers on the Internet, Regulation of New Technologies.

Line 1

Summary

Identification and socio-legal-economic analysis of the main inter-governmental organizations (international) active in the International Society, with emphasis on the United Nations Organization, World Trade Organization – WTO, the European Union (EU), the Southern Common Market (MERCOSUR), the Organization of American States (OAS). In this sense, the construction of a general theory to guide its legal system will be sought, emphasizing, among others: objectives and area of action, original and derivative law, dispute settlement mechanisms and implementation of their decisions, international representation, and responsibility. The role of their decisions and the International Crime Court in the construction and implementation of the Contemporary International Law.

Participants

Aziz Tuffi Saliba

Coordination

Roberto Luiz Silva Coordinator

Line 1

Summary

Study of the normativity forms displayed by social practices with priority for social practices of law also present in the institutional arrangements of the society, aiming to understand its openness to demands for political morality and its tensions with the facticity of social processes in general. The study of morality and normativity of the social practices and institutions (especially the legal ones) developed in this project is based on investigations in the areas of language philosophy and the agency theory (developed in the analytical tradition and pragmatic tradition), as well as in the just theories and in the social theory. In this sense, the object of the Project also comprises the cognition methods and law enforcement developed and improved in the 20th and 21st centuries, especially regarding the possibility and need of including evaluative judgments in the conceptual treatment of legal and social practices. The relevance of practical rationality incorporated to social practices and the degree of its instantiation by particular legal systems in the production of legitimacy and rational acceptance of law by the participants of legal practices are also studied, as well as in the justification of the moral obligation of general obedience to the law. Finally, the morality of social practices and the foundation of the political obligation are also analyzed.

Line 1

Summary

Analysis, in the light of the constitutional hermeneutics of functional intercessions between the Judiciary and the Political Powers (Legislative and Executive Powers) with emphasis on themes related to policy regulation.

Collaborators

Coordination

Rodolfo Viana Pereira Coordinator

Line 2

Summary

Access to justice. The procedure, as a method of guarantee, protection, and enforcement of human rights. Constitutional model of the procedure. Fundamental principles of the procedure. Democratic fundamentals of the procedure. Multiple-door justice: heteronomous and autonomous methods of litigation resolution. Judiciary Power. Jurisdictional guardianship. Theory of judicial decision. Dejudicialization. The new CPC, as a guarantor of the effectiveness and reasonable duration of the procedure. Lawsuit and defense. Tradition and constitutional and legal guidelines for obtaining the truth in the criminal procedure. Enforcement of criminal procedure guarantees. The human rights applicable to the criminal investigation.

Line 2

Summary

The critical debate about access to justice through Rights, Digital Justice, Public Governance, the Administration of Justice, Legal Hermeneutics and Fundamental Rights leads us to essential aspects that influence its implementation:

  1. multiplicity of possibilities and blockades of different natures around access to justice through the Way of Rights;
  2. range of dispute and conflict solutions in their forms, treatments, adequacy, designs and mapping;
  3. potential of Digital Justice, technology and artificial intelligence in processes and procedures and human rights;
  4.  the realization of Economic Justice from the perspective of economic development and the Declaration on the Right to Development of the United Nations: formal and informal international bodies of coordination and control of global and local economies, public debt and indebtedness, compatibility of economic theories and models in the face of the Democratic Constitutional State of Law;
  5. the role of the State, the Judiciary and Law in the paradigm of the Democratic Constitutional State of Law and in the Constitutional Control of Public and Economic Policies;
  6. solidarity economy and intersectional feminism as a guarantee and effectiveness of fundamental rights:
  7. hermeneutics as an opening for the fair solution of conflicts from the perspective of  the concretizing phenomenology of human and fundamental rights.

Research, processes and instruments are developed to ensure and to effect access to justice, especially through rights; digital justice, the fair legal order; the mapping of conflicts and judicial policies aimed at consensual solutions to conflicts; strategic management policies included the legislative-regulatory elaboration of the judiciary; the systems of protection and guarantees of the effectiveness of social and fundamental rights inscribed in the Constitution of the Republic.

Recognizing the potential of the development of a culture focused on peace, mediation and restorative justice have special research space, as well as the different arenas of action; legal socialization; the relationship between juridicization/judicialization and contractualization; and juridicity in a broad sense.

Composing the collective space of the research, the themes of Economic Justice, the Constitutional Control of Public and Economic Policies, public governance and the Administration of Justice are pillars for the deepening and investigation of processes, instruments and citizen participation in the implementation of justice and in the guarantee of fundamental rights.

Line 2

Summary

The jurisdiction of our time is marked by the circulation of legal models (including under the perspective of bijuridism) that transit in the spaces of multi-normativity and multi-level legislation. Tensions in the articulation between the discourses emanating by several sources of law reverberate in the judicialization of public policies, in the guardianship of collective rights, in the legislative-regulatory proliferation, as well as in different imaginaries, legal sensitivities including in an anthropological key. The increase in communication, orality, information technology indicates new conceptions and inter-legalities in the formation of the normative circle, the methodology of Legistics provides the enucleation of methods and tools that guarantee greater enforcement and effectiveness of the fundamental rights.

Line 2

Summary

The equitable usufruct of the city necessarily permeates policies and instruments that bring together the social, urban, and environmental dimensions, taking into account the social, cultural, and ethnic diversities that relate to, occupy, act, and interfere in the urban territory. There is no way to talk about sustainability, citizenship, and security when mechanisms of social, territorial, and cultural exclusion are produced in the city, in which people and groups are marginalized and silenced by economic and land pressures, and by other discriminatory processes. There are several angles from which these questions, from the legal perspective and the inherent interdisciplinarity, must be faced in a way to promote sustainability in the urban space and in the scope of public policies aimed at the effectiveness of the right to the city in relation to its several elements: to man himself and the relationships he establishes in the urban environment, the accomplishment of environmental justice, to the implementation of conditions for enforcement of their social, individual, collective, and diffuse rights.