Master of Law - FMP - Superior School Foundation of the Public Ministry

Academic Master's Degree in Law

In a face-to-face teaching format, the Faculdade de Direito da Fundação Escola Superior do Ministério Público (Law School of the Higher School of the Public Prosecutor’s Office) presents the Academic Master’s Degree in Law Stricto Sensu Graduate Program. The proposal reflects the dimensions of the multidisciplinary and critical approach, committed to Human and Fundamental Rights. The Academic Master’s Degree has as its area of concentration the LEGAL PROTECTIONS FOR THE ENFORCEMENT OF UNWAIVABLE RIGHTS, having two lines of research defined as follows:

  • Legal Protections for the Enforcement of Unconditional Public Rights
  • Legal Protections for the Enforcement of Transindividual Rights

The coherence of the lines of research together with the established objectives aims to provide the strengthening and consolidation of the research groups already existing in the Institution. The expansion of academic spaces strengthens the involvement with Unconditional Public, Transindividual, and Collective Rights, providing the necessary conditions for the development of theoretical-empirical research by researchers and students.


Workload

450 hours distributed over 4 semesters (24 months).

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Lines of Research

The line of “Legal Protections for the Enforcement of Unconditional Public Rights” wants to deal exactly with those demands involving the recognition of the existence of interests and rights of the community as a whole and, therefore, beyond the reach and autonomy of will of the subjects of rights, that is, beyond the Individual Fundamental Rights, highlighting, among others, the issue of public security, preventive and curative policies to combat corruption, the measures necessary for the actions of the Market that violate Fundamental Rights, especially those related to the new types of criminality and corporate crimes,  that violently affect Society and, in it, in general, those who are the most vulnerable and marginalized, scattered across the many “Brazils” within Brazil. The most pertinent investigative focus areas of this Research Line also emerge from constitutional frameworks addressing difference within equality and universal freedom. This examination assesses how the domestic legal system—particularly in specific dimensions (criminal and corporate law)—ought to behave. In an era of stark cultural, ethnic, religious, and political divides, this course seeks to contextualize issues surrounding multiculturalism in Contemporary Society and its treatment by modern constitutionalism. This is what the course of ‘Multiculturalism, Constitution and Criminal Law’ will deal with. In our current hypercomplex society, where perceptions of insecurity are often artificially amplified, we must examine how to balance the protection of Society as a whole and of individuals without violating the equally guaranteed Rights to Liberty as Fundamental Rights – particularly in the face of prevailing macro-criminality worldwide. This is what the course ‘Fundamental Right to Security and the Right to Liberty’ will address. The fundamental issue is that beyond the violence amplified by this macro-criminality, there exists another problem – both international and domestic in nature – that plagues social and institutional relations in our Risk Society: the phenomenon of Corruption and the damage it continues to inflict upon the unconditional public interests of Society, the State, and the Government. This is the focus of the course ‘Corruptive Pathologies and Unwaivable Public Interests’. Within this complex landscape, we encounter the Market – with its long-unregulated web of commercial, contractual, public and private relations – as the definitive actor in managing unwaivable public interests. This demands thorough examination within our framework, hence it being addressed in the course ‘Tensional Relations Between Market, State, and Society’.   We must therefore critically analyze how procedural mechanisms and actors are performing in protecting and enforcing these Unconditional Public Rights, given their constitutional and non-constitutional foundations.  These questions form the core of the course ‘Procedural Safeguards for Unconditional Public Interests’.

The research line “Legal Protections for the Enforcement of Transindividual Rights” examines rights and interests that exist at the intersection of public and private spheres. While not strictly state matters, they transcend individual claims as they are collectively held by groups, classes, or categories of persons. These cannot be classified as traditional public interests – where the State serves as sole guardian – since state actors often perpetrate violations themselves. However, it seldom deals with disposable private interests, as diffuse rights—in their various forms—are never the sum of individual rights. Rather, they belong indivisibly to all, most often characterized by their unwaivability nature. On the theoretical and pragmatic levels, this Research Line will address topics involving some of the most controversial transindividual legal interests, such as consumer rights, the right to political participation in public management, and urban sustainability. It will do so from a Fundamental Rights perspective, beginning by questioning what contributions the Judiciary and legal practitioners can make in this process. Given the vast scope of transindividual legal interests, this Master’s project has chosen to focus on a select few for in-depth analysis—beginning with the recognition of their fundamental nature. One such area is Consumer Law, particularly in an era where irresponsible and unsustainable market practices often drive irrational consumerism. This will be addressed in the course “Consumer Protection as a Fundamental Constitutional Guarantee. Another pressing issue in contemporary Societies is the urgent need to expand and strengthen the Fundamental Right to Political Participation in the management of public (and especially transindividual) interests. In increasingly complex public and private environments, it is neither feasible nor advisable to leave governance solely to the State; rather, this challenge must be shared with the broader community. These themes will be explored in the course ‘Transparency and Participation in Public Governance’. Similarly, the issue of urban sustainability as a transindividual interest demands attention. Cities can no longer be developed under the outdated logic of individual property rights, where private ownership is exercised without constraints. Instead, urban growth must adhere to the principles of the Sustainable City as a Legal Entity, subject to urbanistic limits. This will be the focus of the course ‘Urban Sustainability: Legal Instruments and Enforcement Mechanisms’. The role of the Jurisdiction in matters involving Transindividual Rights will not be overlooked in this research line, particularly concerning their fundamental nature, as they are constantly exposed to the risk of violation. This is the focus of the course ‘Fundamental Rights and Jurisdiction’. Finally, the study will address procedural safeguards established by the Brazilian legal system to protect and enforce Transindividual Rights—aimed at maximizing their realization while preventing violations. These issues will be explored in the course ‘Procedural Safeguards for Transindividual Interests’.

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Funcionamento: Segunda a sexta-feira, das 8h30 às 12h e 13h às 18h30.

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