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

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.

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

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.

Collaborators

Coordination

Fabiana de Menezes Soares Coordinator

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.

Line 2

Summary

The critical debate of tensions that are established between substantive and procedural law in the scopes of conformation, delimitation, and enforcement of institutes, requires the constant deepening of the characteristics, limits, and scopes of the convergence between substantive and procedural relations. Therefore, the recognition of procedural law as an essential element of the development of the legal relations in its dynamic perspective determines that the study of the institutes of substantive law and procedural law is carried out progressively and interdependently to guarantee the recognition of rights (human, fundamentals, and private) that have elements of effectiveness, as well as the structuring of the process in the sense of its affirmation. Thus, this project addresses both the structure of private rights and the respective procedural consequences, as well as the inter-relations between them, also developed from the perspective of prevention and resolution of litigations.

Line 3

Summary

The relations between law and social fights involve disputes between memory and forgetfulness of the past, as well as the utopian prospect for the future, in a tension between experiences and expectations. These perspectives in tension demand a critical reconstruction and in compared perspective of the theory of the constitution, transitions, and democracy, as well as the legal dogmatics itself of the constitutional law, constitutional jurisdiction, and fundamental rights. And, at the same time, They require a critical reflection able to think about the relation between the constitution and the society and for the consequent approach between the theory of the constitution and the theory of the society.

Line 3

Summary

Brushing the philosophical tradition against the grain, it seeks to bring out underground or marginal currents of thinking in order to promote a radical criticism of the philosophical discourses that shaped the construction of the Law and the State in the West. A confrontation of the traditional theories of the State and the State is proposed, which hide the structures and devices of domination, such as gender, class, race, and sexuality, which normalize the exception and legitimate the violence of legal power. It is about placing under the scrutiny of a philosophical critique of roots the very foundations of the contemporary times, as well as the marginalization and oppressions that contemporary political and legal forms promote or that, at least, are incapable of containing. It seeks to understand the processes and devices of production and subjectivities, especially that of subjects marginalized by hegemonic powers, unable to fully participate in the processes of constitution of the political. Reflections about radical political alternatives of resistance, disobedience, emancipation, and liberation are proposed, capable of bringing to light the antidemocratic character of the legal habitus from classes to courts. Therefore, the present time is problematized so that the possibility of a decidedly critical approach to its fabric is opened, taking into account how contemporary social relations are shaped. The relationship between decision (and decisionism) and sovereignty are addressed, also paying attention to how different oppressions that permeate the society (self-claimed tolerant) can be antagonized by the stakes and challenges assumed by effective social transformations.

Collaborators

Coordination

Andityas Soares de Moura Costa Matos Coordinator

Line 3

Summary

Starting from a critical investigation of the universalism on which the western legal tradition was constituted and the rules and protections established by the contemporary international order, a questioning of the singularity of the cultures and their normative experiences is proposed, as well as the identities, cultural conflicts, and new political dynamics, which are forged in the era of globalization. Recognizing in the law a cultural phenomenon, that is, a normative construction deeply connected with the other elements of a given cultural context, it is essential for a reinterpretation of the characteristics and interactions between the great legal systems that were formed in the contemporary times, and that point to a cosmopolitan interpretation of Law and its fraternal bias. It is within this perspective that a radical renewal of studies of Compared Law and International Law is proposed, in a critical and legal-philosophical formulation, and juris philosophical. In addition to the sterile comparison of legislation and legal institutions, it seeks to produce the understanding of the different meanings that in a given context are built around norms and power, in addition to their consequences for the formation of an international legal order permeated by political-cultural conflicts. The project assumes, therefore as privileged objects of investigation the cultures and rights from BRICS (Brazil, Russia, India, China, and South Africa) and East Asian countries. Equally, in a world in which mobility, recognition, and diversity play each more relevant role in the deconstruction and reconstruction of bonds between people, groups, and organizations, in the most different contexts – social, economic, and cultural – it seems inevitable the confronting of new challenges that are imposed on the aspects of Public and Private International Law, having as an exemplary balance the search for hospitality in the complex and diversified situations experienced in the contemporary physical and cultural locus. Here, we resume space by the excellence of critical and contextual reflection on the contents and mechanisms of regulation of human relations on a global scale, the scope of jurisdiction, and the observance of foreign law, in desirable dialogue with objectives of individual and groups protection that are subject to different legal orders, at levels of cooperation and coordination.

Collaborators

Coordination

Fabrício Bertini Pasquot Polido Coordinator

Line 3

Summary

The Project investigates the structuring dimensions of Labor Law and its correlation with the social criticism field. Three ideas, therefore, structure the project: structuring dimensions, social criticism, and the correlation that unfolds into Labor Law. These structuring dimensions comprise the social-historical aspects that constitute the matter itself of labor relations and their regulation by Law. The disputes associated with the expropriated labor phenomenon in the capitalist model, in its conformations of class, gender, race, and in its geopolitical design crossed by coloniality. They also include the contemporary morphology of work relations and the expansion process of the precariousness of living. Topics such as collective relations of work, intersecting struggles, the present forms of individual relations of work, the crossings of technology, the impacts around the subjectivity of who works, the environment, and correlates make up the wide arc of litigations that materially constitute contemporary labor and that project matters of huge complexity to Labor Law. On the other hand, the idea of social criticism constitutes the theoretical backbone of the project, which feeds on the reflection of these universes. The critique of political economy, the theories of awareness and collective action, the affirmation of subaltern knowledge, counter-hemogenic legal theories are brought to the center of the reading of these phenomena of the labor world. From there, the correlations are constituted. The project wants to stimulate research that interprets the fundamentals of Labor Law from these lenses, full of concreteness of life and the displacements of criticism. Elements such as the union, freedom of unionization, the political movement of male and female workers, the fundamentals of Collective Labor Law, the relationship of the job as a relationship of power, the constitutive elements of the work contract and legal exclusions, the protective principles, time and remuneration, forms of hyper-exploitation and migratory workflows are reconsidered in this scenario. From this approach, it is intended to advance in the expansion of the relationship between Labor Law and criticism, always with a very careful understanding of the own legal fundamentals of the area and its renewed challenges in the disputes of present and future.

Line 3

Summary

The individual and new technologies; The individual and system; The individual, identity and information; The individual and moral improvements; Algorithmic governmentality and the new contemporary regimes of power and knowledge; The political impacts of new information and communication technologies: fake news, digital bubbles, and risks to democracy; New subjects and social practices: big data, information capitalism, and surveillance culture; Challenges of artificial intelligence; Internet of Things; Data Protection; Neuroethics; Neurolaw; Cognitive bias and decision making in law.

Collaborators

Coordination

Brunello Souza Stancioli Coordinator

Line 3

Summary

It mainly studies Criminal Law and Philosophy of Law, seeking to outline its moral and religious distinctions, and basing them on secular humanist thinking that is based on scientific knowledge and fundamental rights of the human person. The research especially covers recent findings in the Fields of Psychology, Neuroscience, Genetics, and Informatics and their direct reflex in the theory of Law, crime and sentence, in the typification of new conducts, in Criminology and in the recognition of new fundamental rights.

Participants

Tulio Lima Vianna

Collaborators

Coordination

Renato César Cardoso Coordinator

Line 3

Summary

Civil Law in interface with other knowledge fields with emphasis on History, Philosophy, Converging Technologies, Education and Science of Religion. Compared Civil Law with emphasis on the Latin American and Portuguese-speaking countries. Combating poverty, distributive justice, protection of the vulnerable, and other challenges of contemporary civil law. Reinterpreting the institutes of Civil Law, especially those related to personality and the business phenomenon.

Line 3

Summary

Critically analyze the political, ideological, cultural, and scientific-philosophical fundamentals of the process of elaboration of constitutional legal dogmatics, as a contribution and guarantee to the exercise of citizenship, education in human rights, and the defense of democratic institutions.

Collaborators

Coordination

Adriana Campos Silva Coordinator

Line 3

Summary

At present, the need to criticize the capitalist mode of production is urgent. From this position, it seeks to develop a perspective openly anti-capitalist and inspired by the work of Marx, by Marxism. With this, the relation between Law (especially regarding social rights and union matters), the fight of classes, and modernity are addressed. At the same time, it is a matter of carrying out a deep interpretation of essential authors for this perspective (such as Marx, Lukács, Bensaïd, among others) and of seeing the importance of such authors to keep in mind concrete tasks that are placed to those who realize that a technicist approach of Law is absolutely uncritical and, therefore, deeply disconnected from the reality of operationalization of Law itself. In this context, it seeks to understand the tensions that may appear in the legal sphere, it cannot be abandoned by those who are committed to the anti-capitalist fight; but it is, in a more or less meandering way, linked to societies that need to be overcome if an emancipatory perceptive is assumed: namely, the societies based on class antagonism.

Line 3

Summary

Constitutionalism and its institutions have been subject to threats and stress. Assuming a transdisciplinary approach, studies herein rely on Political Philosophy, Legal Theory, Constitutional and International Law, and Comparative Legal Scholarship, to provide the grounds for defense and justification of the principles underlying the model of constitutional democracy, as well as to reinterpret the traditional basis of liberal constitutionalism. The neoliberal model is opposed through the recovery of a social-democratic basis for Latin American, Eastern European, and global south democracies. The reinforcement of traditional structures of oppression and exclusion, the resurgence of authoritarianism, and the ascension of illiberal governments are analyzed and confronted with the principles of constitutionalism, democracy, and the rule of law. A further aim is to understand the fissures in the popular sovereignty enabled by new technologies, influence operations by state and non-state actors, and the critical responses available through democratic legislation and international and transnational regulations. Finally, the role of constitutional and supreme courts is considered and reinterpreted to understand the obligations of judges and other public authorities.

Line 3

Summary

The collective Project of research intends to centralize investigations on the relationships between Law, gender, and sexuality. It understands that the Law produces both in active-way discourses and rules about gender and sexuality and indirectly cooperates with its production and reproduction in other social and institutional spaces. Gender and sexuality are understood here as political categories or devices of power crossed by race, class, the geopolitics of power, by being of knowing, as well as by multiple matrices of oppression that intersect in the production of marginalized or subaltern subjectivities and identities. Because of this understanding, this Project seeks to stimulate and bring together dissertations and theses that discuss legal categories and practices based on feminist, queer, decolonial, and racial critiques. It proposes exercises of destabilization and reconstruction of law. It wants to interpret the law with black feminists, decolonial, lesbians, poststructuralists, Marxists, care feminists. With queer theorists and activists for LGBT+ people rights. And dialogue with the feminist production of, in, and against the law. All this understanding that this is an incarnated production with the body, located, situated, which disputes in several ways, the construction of the legal field. The idea is, from these investigations, to widen the cognitive range of feminist, queer, black, decolonial production, fostering researches that start from the assumption that these fields are capable of promoting a central gesture, which transforms any legal research that is carried out from it.  Therefore, from the fundamentals and criticism to the sectors of law, it intends to instigate any investigation that promotes important turns of gender, sexuality, class, race, space, coloniality. And that, from subalternity of these perspectives, foster an epistemic uprising to found the law from the existences most affected by it.

Line 4

Summary

Investigation of the historical course of the idea of justice, in close connection with the demand for the effectiveness of Law. The project has been in development since the 1980s, and in its scope, it produced The Idea of Justice in Kant, The Idea of Justice in Hegel, and the latest The Idea of Justice in the Contemporary World. The investigation unfolds towards the construction of a Theory of Justice connected to the legacy of Western thought and the ethical project of the State of Law, and able to serve the Law.

Line 4

Summary

The investigation aims to introduce the Sciences of Law and the state to the approach of the Macrophilosophy, conceived as an effort of interdisciplinary Philosophy itself, approaching other humanistic, historical, and cultural knowledge. With the support of the State Philosophy, History Philosophy, and Culture Philosophy, the project connects to the cultural turn that the Humanities are going through towards a genuinely inter and transdisciplinary perspective, therefore bringing Law, History, and Philosophy together and providing a cultural understanding of Law and the State.

Collaborators

Coordination

Line 4

Summary

The Project seeks to investigate little debated aspects in the academies and regarding the agenda, relevant for democratic sovereignty, strategic unfolding of the new stage in the History of Brazil. In recent decades, the democratic advance of civilian control over the Armed Forces, the success of South-South diplomacy, the consolidation of technological globalization, the emerging of new players in the global scenario and the South-American region, and especially the consolidation worldwide of Brazilian protagonism, indicate a change in the Brazilian perspective concerning complex topics such as national defense (in terms of territorial, but also historical and culture heritage) and international security (in the creation of multilateral agreements of mutual cooperation). Brazil, through CAPES, the Ministry of Defense, and Secretariat of Strategic Affairs, has been encouraging the opening of new fronts of academic debate, a demand that the project intends to meet, in the understanding of Brazil as a Mega-State, which is responsible for playing the role of State-pole of Ibero-American culture.

Line 4

Summary

The Project aims to house researches about the history of western legal experiences as cultural and historically localized phenomena, simultaneously moving away from approaches that elevate legalities to a timeless dimension and those that reduce the legal experiences to mere reflexes of social formations, valuing the border, inter, and transdisciplinary character of the History of Law. In the setting of the legal culture at each historical moment, special attention will be dedicated to the role of the State and the production of Law, in the domestic and international scopes. In the approach of this project, it will seek to value how legal cultures tend to escape political borders and, therefore, it is essential to emphasize the international circulation of models – ideological, legislative, etc. – in order to build narratives of history of the compared law, understanding such circulation as culture translations.

Collaborators

Coordination

Ricardo Sontag Coordinator

Line 4

Summary

The general interests of the international community today are promoted by international institutions. Fundamental notions of global legal ordering such as sources, subjects, liability, immunities, human rights protection, environment protection are made flexible and get new outlines through the continuous process of lawmaking and law enforcement carried out by these institutions – therefore, it becomes also necessary a study of the deep relationships between theory of the law and international law. The main objective of the Project is to analyze the fundamental problems of the international legal ordering through the action of international institutions (whether they are International Organizations, International Courts and Tribunals, and other bodies). When comparing the ways international institutions contribute in the process of international litigation resolution, it is also identified, in a broad and breath-taking way, the contemporary characteristics themselves, in the global legal ordering.

Participants

Lucas Carlos Lima

Coordination

Aziz Tuffi Saliba Coordinator

Line 4

Summary

The concept of development, especially when connected to the future generations, demands to be comprised on its multiple dimensions. The Declaration on the Right to Development, of 1986, situates these dimensions in four approaches: political, social, economic and cultural. Since the pioneering formulation of the three “bottom lines” (People, Planet, Profit), the construction of the sustainable development seems more limited to the plan of the environmental sustainability and the economic sustainability than to the political-social sustainability. This has stimulated advances and debates, such as the conception of Circles of Sustainability — in which the Political Sustainability, the Cultural Sustainability and the Social Sustainability are found in synergy with the Economic Sustainability. The sustainability, so, comes unrestricted to the economic-exploratory dimension of the relation with the planet, but opened to the universe of the institutional imagination, reaching the own conception of political life (such in the polis as in the cosmopolis). This project aims to investigate the social dimensions of the sustainability, reaffirming culture and politics as undeniable fields of human development, as Europe has shown us not only in the whole tradition of European philosophers, who established the common ground of European values and fight for democracy, but also on social cohesion practices built by European Union since its foundation. How can we understand the true dimensions of Human Sustainable Development? Are there dimensions which has been misevaluated among the years since the early formulations of development as a human right? Culture, and cultural diversity, is so important to Sustainable Development as biodiversity? Is that the same for Politics, or Democracy has its own boundaries, without whom we never can talk about democracy — or even about Politics itself? Social cohesion comes first, or it needs, in European thought and way, to wait for economic and/or environmental measures? When and how can South America, and specially Brazil, receive and join cultural, political and (maybe mostly) social development? What allows European Union this endeavor and why South America seems so far from it? What can we learn from European Studies under the cultural turn?