The School of Law of the Fundação Escola Superior do Ministério Público presents the Postgraduate Program Stricto Sensu – Academic Master’s in Law. The proposal reflects the dimensions of the multidisciplinary and critical approach, committed to Human and Fundamental Rights. The Academic Master’s Program focuses on TUTELAGE TO THE ENFORCEMENT OF INALIENABLE RIGHTS, with the following lines of research.
The consistency of these lines of research, in conjunction with the established objectives, aims to provide the strengthening and consolidation of the research groups that already exist in the Institution.
The expansion of academic spaces strengthens the involvement with Unconditional, Transindividual and Collective Public Rights, providing the necessary conditions for the development of theoretical-empirical research by researchers and students.
450h distribuídas em 4 semestres
Para ingressar no programa de Mestrado da FMP você precisa realizar o nosso processo seletivo, que está dividido em duas etapas: eliminatória e classificatória. Em 2020, por conta da pandemia, a primeira etapa (fase eliminatória) foi online, respeitando o isolamento e distanciamento social. Mas, antes mesmo de qualquer prova, é necessário realizar a inscrição, entregar a documentação inicial e o modelo primário do projeto de pesquisa.
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*Há possibilidade de bolsa de estudos, a depender de condições e disponibilidade.
The line of research “Tutelage to the Enforcement of Unconditional Public Rights” deals exactly with demands that involve the recognition of interests and rights of the community as a whole and, therefore, which are out of the reach and autonomy of the will of legal subjects, that is, beyond Individual Fundamental Rights. Emphasis is placed on, among others, the issue of public safety, preventive and curative policies to face corruption, the necessary measures against market actions that violate Fundamental Rights, especially those related to new types of criminality and corporate illicit acts, which violently affect Society and, in general, its most needy and excluded individuals, dispersed throughout the various Brazils within Brazil. The objects of investigative focus in this line of research also range from Constitutional frameworks to the difference in the equality and freedom of all, verifying in what way the National Legal System, particularized in some of its specific dimensions (criminal and corporate), must behave. In times of brutal cultural, ethnic, religious and political differences, the line aims, in terms of discipline, at contextualizing some issues involving multiculturalism in contemporary society and how the latter has been treated by current constitutionalism. This is what the students will discuss in the discipline of Multiculturalism, Constitution and Criminal Law. In the hyper-complex society in which we live, and the feeling of insecurity sometimes artificially enhanced, it is necessary to verify how the protection of individuals and society as a whole will be equalized without violating Rights of Freedom equally guaranteed as Fundamental Rights, especially when facing the macro-criminality currently into force worldwide. This is what the discipline Fundamental Right to Security and the Right to Freedom will deal with. In addition to the violence potentialized by this macro-criminality, there is another problem that afflicts social and institutional relations in the Risk Society, both nationally and internationally, which is the phenomenon of corruption and the damage it has been igniting in face of the unconditional public interests of society, the State and the Public Administration. This is what the discipline Corruptive Pathologies and Inalienable Public Interests will discuss. In all these scenarios we find the market and its public and private business and contractual relations, which have not been adequately regulated for a long time, especially since the market is the definitive protagonist in the operation of inalienable public assets. A space to discuss and reflect upon this project must be created, hence the need for the discipline Tensional Relations between Market, State and Society. Thus, it is necessary to question how the agents and procedural instruments of protection and enforcement of these Unconditional Public Rights are behaving themselves, once they are constitutionally and unconstitutionally delimited. This is what the Procedural Guarantees for Unconditioned Public Assets discipline will deal with.
The line of research “Tutelage to the Enforcement of Transindividual Rights” deals with interests and rights that are situated between the public interest and the private interest, because although they are not exactly state-owned, they are more than merely individual, because are shared by groups, classes, or categories of people. We are not exactly facing public interests, understood as those which have the State as their sole and exclusive guardian, since, frequently, the State itself appears as the cause of such injuries to rights. But little is about private interests alienable, because diffuse rights, in their diverse manifestations, are never the sum of individual rights; they indivisibly pertain to all and are most often marked by the characteristics of inalienability. At the theoretical and pragmatic level, this Line of research will address topics involving some of the most controversial transindividual legal assets, such as consumer rights, the right to political participation in public management, and urban sustainability; it will do so from a Fundamental Rights perspective, starting by asking what contributions the Jurisdiction and the operators can make in this process. Due to the immense extension of transindividual legal assets, some of them were elected to receive in-depth treatment in this Master’s Project. Starting with the recognition of its fundamentals, as is the case with Consumer Law, in times of irrational inducement of consumerism by an irresponsible and unsustainable market, this is treated by the discipline of Consumer Protection as a Fundamental Constitutional Guarantee. Another aspect highlighted in contemporary societies is the urgent need to broaden and radicalize the Fundamental Right to Political Participation in Citizenship in the management of public interests (notably transindividual), as one cannot imagine that in such complex public and private environments and spaces it is possible and recommendable to give the management role only to the State; this challenge must be shared with the community as a whole. These topics will be discussed in the discipline Transparency and Participation in Public Management. The problem of urban sustainability as a transindividual interest goes in the same direction, since it is no longer possible to occupy cities based on the outdated logic of the individual right to enjoy and benefit from private property, as it is now conditioned by the urban limits of the Sustainable City as a legal subject, object-matter of the discipline Urban Sustainability: institutes and enforcement mechanisms. The role of the jurisdiction involving Transindividual Rights will not be left out of this line of research, especially when concerning their fundamental nature, as they are exposed to permanent risks of violation. Hence the reason for the discipline Fundamental Rights and Jurisdiction. Finally, the line deals with the procedural guarantees that the Brazilian legal system has set up for the protection and enforcement of Transindividual Rights, exactly to maximize the possibility, on the one hand, of giving them greater concreteness; on the other hand, to avoid violations. These are the topics of the discipline Procedural Guarantees of the Transindividual Assets.
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