To further enhance the academic training of its undergraduate and graduate students, the Fundação Escola Superior do Ministério Público (Higher School of the Public Prosecutor’s Office) maintains a strong research policy, actively promoting both scientific initiation and institutional research activities. With its core focus on Legal Protections for the Enforcement of Unwaivable Rights, the research conducted by the Faculdade de Direito da Fundação Escola Superior do Ministério Público (Law School of the Higher School of the Public Prosecutor’s Office) adheres to the following fundamental principles:
► freedom in selecting research topics, with incentive mechanisms for studies that strengthen the thematic areas prioritized by the Faculdade de Direito da Fundação Escola Superior do Ministério Público (Law School of the Higher School of the Public Prosecutor’s Office), based on alignment with institutional research lines;
► freedom in choosing methodologies capable of organizing and fostering scientific research development, acknowledging the multiplicity of epistemological approaches as essential for a fertile and creative academic environment;
► utilization of knowledge from diverse fields of study through multidisciplinary approaches;
► integration of research activities with extension programs and teaching;
► collaboration between research projects conducted by faculty and students across undergraduate and graduate programs, (both lato sensu and stricto sensu);
► establishment of dedicated institutional platforms for the academic community to present, discuss, and publish research;
► development of partnerships with other Higher Education Institutions to implement interinstitutional research initiatives;
► application of research outcomes in programs benefiting both academic and non-academic communities.
The research line ‘Legal Protections for the Enforcement of Unconditional Public Rights’ addresses demands involving the recognition of the existence of interests and rights of the community as a whole—thus, beyond the reach and autonomy of individual will of rights-holders, meaning beyond individual fundamental rights. It focuses on issues such as public security, preventive and curative policies to combat corruption, the Economic Order, the sustainable environment, and necessary measures against market actions that violate fundamental rights—particularly those related to new forms of criminality and corporate misconduct, which violently affect society, especially the most vulnerable and marginalized, scattered across the many “Brazils” within Brazil. The core investigative subjects of this research line also stem from constitutional frameworks concerning difference within equality and freedom for all, examining how the national legal system should respond. Below are the current Research Projects:
The fundamental right to security and its procedural-criminal enforcement: content and limits of positive procedural-criminal obligations
André Machado Maya
René Girard and the Law: Mimetic Rivalry, Hatred, and Violence
Bruno Heringer Júnior
Procedural Safeguards for Unwaivable Public Interests
Fábio Roque Sbardellotto
Tensional Relations Between Market, State, and Society: Public Interests versus Private Interests
José Tadeu Neves Xavier
The Information Society and ‘Fake Democracy’: Risks to Freedom of Expression and Constitutional Democracy
Raquel Fabiana Lopes Sparemberger
Corruptive Pathologies
Rogério Gesta Leal
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. Nor does it address disposable private interests, as diffuse rights—in their various manifestations—are never the sum of individual rights, but rather belong indivisibly to all, often characterized by their unwaivability nature. At the theoretical and pragmatic levels, this research line primarily encompasses, from a fundamental rights perspective, the protection of transindividual legal interests. Below are the current Research Projects:
Collision of Fundamental Rights and Law as Argumentation
Anizio Pires Gavião Filho
Impacts of Changes to Brazil’s Urban Policy Legal Framework and Resistance Processes in Local Contexts
Betânia de Moraes Alfonsin
Family, Successions, Children and Adolescents, and Transindividual Rights
Conrado Paulino da Rosa
Consumer Protection as a Fundamental Right
Cristina Stringari Pasqual
Legal Theory: From Academia to Practice
Francisco José Borges Motta
Procedure and Constitution
Handel Martins Dias
Administração Pública e Regulação
Juliano Heinen
Transparency, Fundamental Right of Access, and Participation in Public Governance
Maren Guimarães Taborda
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