Graduate Program in Law
The Graduate Program in Law (GPL) of the Pontifical Catholic University of Paraná (PUCPR), which received grade 6 from the Coordination for the Improvement of Higher Education Personnel (CAPES), the highest grade in Brazil in the field of Law, offers master’s and doctorate academic courses in the fields of Economic Law and Development and Socio-environmental Law and Sustainability. It promotes innovative research with a high degree of internationalization and social impact. It stimulates the intellectual, professional, and human development of master’s and doctoral students, including them in national and international networks and research projects, enabling them to build their own paths in teaching, research, society, and the market.
Objectives
The GPL aims at contributing to the development of Brazilian legal scientific research and helping to understand and solve current problems; creating a suitable environment for the investigation, analysis and proposal of legal solutions for the Brazilian economic and socio-environmental problems; strengthening the educational activity at the PUCPR by relating research to teaching and extension at their different levels; preparing young teachers for ethical and interdisciplinary teaching in higher education; preparing researchers to work in multidisciplinary teams focused on solving complex problems; preparing master’s and doctoral students for the different functions that law professionals need to perform.
History
The Graduate Program in Law of the PUCPR was established in 1999, with the Master Program in Law offered for 20 years in August 2019. Its first CAPES assessment was grade 4. At the end of 2005, the Doctorate Program was created. PUCPR was the first private University in Paraná regularly offering Law undergraduate and graduate courses at all levels – undergraduate, specialization, master’s, and doctorate – and is still the only one granted with CAPES grade 6.
Program Structure
To obtain the Master Program within a maximum duration of 24 months, 30 credits must be completed: 23 in subjects, 3 in supplementary activities, and 8 through a thesis. In general, the students take most of the subjects and supplementary activities during the first year of the course, dedicating the second year to the preparation and defense of the thesis. The students attend to the compulsory subjects that provide the fundamentals of Economic and Socio-environmental Law at the master level and choose the others from a list of elective and reference subjects that best suit their research project.
The Doctorate Program takes a maximum of 42 months but can be completed in a shorter period, with credits from the Master Program, completed at the PUCPR or other national or foreign program. Students take the compulsory subject that provides the basis of Economic and Socio-environmental Law at the PhD level and chooses the others from the list of elective subjects that best suit their research project. The GPL offers several alternatives for credit validation, allowing doctoral students to use most of their time to develop research and preparation of the dissertation.
The GPL promotes the international inclusion of the doctoral student through funding the presentation of papers abroad, scholarships, exemption of monthly fees, doctoral sandwich scholarships abroad, and other modalities. Most doctoral students enjoy some benefit that fully or partially covers the monthly fee.
Supplementary activities are essential for completing the master’s and doctorate and should be conducted through participation in events, the publication of articles, and administrative collaboration. The GPL publishes and continuously updates a list of supplementary activities provided to students after their admission.
Differentials
Access program for minorities, particularly indigenous and quilombolas. The program guarantees access to students who depend on special treatment, with special parking spaces, elevators, and translators of the Brazilian Sign Language.
Special program for international students; students from Latin America, Africa, North America, and Europe have already enrolled.
Program is linked with non-governmental organizations, companies, government agencies, social movements, and other players in economic and socio-environmental development.
Partnership with other higher education institutions at a graduate level for students without regular access, through interinstitutional master’s degree and interinstitutional doctorate programs, as already offered in Sergipe, Ceará, Rondônia, and other locations.
Heterogeneity and diversity of the student body. The GPL student body consists of recently graduated students, young autonomous professionals, judges, prosecutors, professors, and other professionals linked to public and private functions. Most students have a law degree, but the program also receives, upon prior analysis and approval of research projects, graduates from other related areas to advance interdisciplinary and transversal studies. The graduates of the program work as professors in public, private and community higher education institutions throughout Brazil and abroad.
Economic Law and Development
This area focuses on the study of Law to regulate economic activity at both local and global levels. Both the roles of the company and the State and the forms of public and private legal organization (national, international, and transnational) are essential in this context. The focus of research groups in the area is to study the public and private economic environment and, notably, the role of contracts and State intervention in promoting sustainable development. Thus, the State, business environment, and multilateral entities doctrinaire awareness become relevant regarding the impacts they cause in contemporary society. The critical perception of intervention models, public policies and the efficiency of the legal system allows for a healthy approximation between Law and Economy. Law is a privileged regulation instrument and plays a preponderant role in this scenario, characterized globalization’s growing process. The assumption is that the development of economic activities and the production growth are meant to meet human beings’ needs (and this reality can also be analyzed from both a national and supranational perspective). Economic life encompasses diverse and often conflicting interests. Thus, the overcoming of contemporary problems must be guided by the need to protect and conserve nature, as well as by a negotiation that respects the rights and duties of each social partner: those responsible for the companies, their employees and collaborators, trade union organizations, and public authorities, considering the necessary relationships between risk, profit, and intervention. The area proposes to conduct research that contributes to a critical analysis of contemporary reality and the achievement of possible alternatives for efficient national and international economic activity. An environment that cannot disregard private economic practice nor the ethical actions of public authorities. The search for innovation and the creation of an infrastructure with optimal levels of economic and social adequacy should be a target of public and private, national, and international economic agents.
Studies in this area are developed within two research lines: State, Economy and Development; and Social Rights, Development and Globalization.
Socio-environmental Law and Sustainability
This area focuses on the study of the protection of social and environmental assets and rights in solidarity and sustainable societies, for present and future generations, through Law, conceived as an important instrument of social regulation. Socio-environmental Law is based on a new development paradigm that can promote environmental sustainability and social sustainability, contributing to poverty and inequality reduction by promoting values such as equity and social justice. Socio-environmental assets are essential for maintaining life in all its forms (biodiversity) and of all human cultures (socio-diversity). Moreover, socio-environmental rights are rights of collectivities (peoples, cultures, minorities, vulnerable social groups) that sometimes are not economically valuable and cannot be individually appropriated, but are essential to preserve and maintain life (healthy environment, cultural heritage, traditional knowledge, social peace, and justice, among others). Multidisciplinary studies are welcome and study the interfaces of law with the human being, the environment, nature, technology, consumption, the conditions for the democratic exercise of rights, the State and its institutions, counter-hegemonic socioeconomic and political organizations, social groups, peoples and societies (solidary, risk, consumption, technological, informational). Approached in a critical and transforming way, the research and projects focus on the following objects of study, among others: human rights, fundamental rights, rights of peoples and minorities, environmental law, political ecology, bio-law, consumers, technology, public policies, constitutionalism, democracies, justice, the justice system, organizations with social and environmental impact. European and North American matrices are valued, but there is also a special interest in studies focused on Latin America as a subject and/or object of analysis, and its role in the construction of new ways of being, doing, living and organizing societies in their relations with nature.
Studies in this area are developed within two Research Lines: State, Societies, Peoples and Environment; and Justice, Democracy and Human Rights.
The State, Economy and Development research line uses the theoretical foundations of Business Law, Administrative Law, and Tax Law to analyze its object. The purpose is to investigate the Law regulating the activities of both the market and the State, relating the forms of organization and the impacts of the exercise of sustainable economic activity. It also analyzes the contract, the company, and the competitive environment as components of a complex social system. It also investigates the Public Administration and the tax system as elements in constant efficiency and legitimacy crisis. Through methodologies such as the economic analysis of Law or other forms of imbrication between Law, Philosophy, and Economy, the line advocates the investigation of mechanisms that fulfill the fundamental social rights foreseen in the Brazilian Constitution.
Professors: André Folloni, Eduardo Oliveira Agustinho, Emerson Gabardo, Luiz Alberto Blanchet, Marcia Carla Pereira Ribeiro, Oksandro Osdival Gonçalves.
The Social Rights, Development, and Globalization research line uses theoretical fundamentals of an eminently multidisciplinary nature to research, both locally and internationally, the different economic system implications in guaranteeing fundamental social rights. It investigates national and international political and economic processes of social intervention and researches the role of multilateral organizations, the relationships between domestic regulation and international agreements, and the political economy of regional integration (with emphasis on Mercosur). The legal globalization bias investigates Comparative Law issues by analyzing the reciprocal influences between national legal systems in the global order. The research topics prioritized in this line are Constitutional Social Rights, International Human Rights Treaties, Macroeconomy, Industrial Policy, Global Financial Crisis, Transnational Crime, Corporate Economic Crime, Infrastructure Policies, Public Services, Technological Innovation, and Public Policies for inclusion.
Professors: Daniel Wunder Hachem, Luis Alexandre Carta Winter, Rodrigo Sánchez Rios.
The State, Societies, Peoples, and Environment research line investigates the role of the State and Law in the conception and construction of sustainable societies for present and future generations. More specifically, studies the relationships that State and Law establish with socio-environmental assets and rights, to promote plurality, dignity, freedom, justice, and democracy in the complex coexistence of societies (risk, consumption, technological and informational societies), peoples and traditional populations (indigenous populations, quilombolas, riverside population), cultures and cultural heritage, land and the agrarian issue, environment and nature. Based on this, it proposes the analysis of sociopolitical and legal perspectives and solutions in the face of the multiple problems experienced these days. These problems include the worsening environmental crisis, water scarcity, invisibility of traditional peoples and populations, inequalities in consumer relations, post-consumption effects, risks and potentialities involved in modern technologies, always seeking to establish new ways of being, doing, and living with a critical approach to the economic view of development and the Law itself. The research topics prioritized in this Line are Socio-environmental and Agrarian Law; Environmental Law, Risk Society, and Sustainability; Consumer Law and Socio-environmental Development; New Technologies and Societies; Latin American Constitutionalism; Peoples and Nature.
Professors: Antônio Carlos Efing, Carlos Frederico Marés Filho, Cinthia Obladen de Almendra Freitas, Heline Sivini Ferreira, Vladimir Passos de Freitas.
The Justice, Democracy, and Human Rights research line develops studies focused on the Justice, Democracy, and Human Rights categories and on their resulting interfaces, aiming at the achievement of worthy, plural, just, solidarity and democratic societies, with the Law, the State, social groups and public policies as their central axis of reflection. It is oriented to the study, analysis, problems and solutions of institutions and political organizations, social movements and organizations involved in processes of accomplishment of the new collective rights; the accomplishment of human rights in the socioeconomic environment in constant and accelerated technological and biotechnological development; conditions and instruments of justice and democracy in contemporary societies, with special focus on Latin American societies. The research topics prioritized in this Line are Constitutionalism and Democracy; Public Policies and Citizenship; Human Rights and Business; Judiciary Policy and Administration of Justice (justice system, accountability, governance and access to justice); Third Sector Law, Solidarity Societies and Socio-environmental Impact Organizations.
Professors: Claudia Maria Barbosa, Danielle Anne Pamplona, Katya Kozicki, Jussara Maria Leal de Meirelles.
The Graduate Program in Law is located in an exclusive area at the Law School. The infrastructure consists of a secretariat, coordination office, professors’ offices, meeting room, auditorium, offices for students and study groups, classrooms, and the Law and Technology Laboratory.
Besides the exclusive facilities of the program, students and teachers can use all PUCPR infrastructure. Computer labs, reprography services, a canteen, and parking are available for students.
In addition to a Central Library, which has an exceptional collection, the academic community has free access to Capes’ database (journals) and Editora Fórum’s Digital Library, due to Capes’ Program qualification.
The GPL strongly invests in internationalization. Some of the several internationalization actions are:
Partnerships with foreign universities
The GPL-PUCPR has several partnerships with foreign universities, enabling the development of cooperation research activities, international events, exchange of master and doctoral students, co-supervision of thesis and dissertations, joint publications, among other activities. Some of the main current partnerships are:
- Paris I Panthéon-Sorbonne University (France)
- University of Lisbon (Portugal)
- University of Connecticut (United States)
- Rovira i Virgili University (Spain)
- Portuguese Catholic University (Portugal)
- Externado University of Colombia (Colombia)
- University of Rosario (Colombia)
- National University of the Litoral (Argentina)
International research networks
GPL professors and students actively participate in international Research Groups, Networks, and Institutes. Professors participate in master’s and doctorate examination boards abroad through the joint activities developed in these networks. Some of the main international research networks in which the GPL-PUCPR participates are:
- Euro-Latin American Teaching Network of Administrative Law (www.redoeda.com)
- Inter-American Network of Fundamental Directorates and Democracy (https://red-idd.com/)
- Law Network, class struggle and reconfiguration of capital (https://aneicj.org/gt-clacso-derecho-clases-reconfiguracion-del-capital/)
- IUCN Academy of Environmental Law (https://www.iucn.org)
- World Complexity Science Academy (https://www.wcsaglobal.org/)
Reception of foreign visiting professors at PUCPR
The GPL-PUCPR receives two to three foreign professors every year, who stay at least 30 days on the program, teaching elective courses in English or Spanish to master’s and doctoral students, participating in thesis and dissertation project discussion meetings, offering extension courses open to undergraduate students, and giving lectures.
Working as Visiting Professors at foreign universities
GPL-PUCPR professors often work in foreign universities as visiting professors, offering master’s and doctorate courses, co-supervising thesis and dissertations, and participating in academic activities. The main participations in the 2017-2020 period were at the Paris I Panthéon-Sorbonne University (France), Externado de Colombia University (Colombia), Autonomous University of San Luis Potosí (Mexico) and National University of the Litoral (Argentina).
Post-Doctorate program abroad
GPL-PUCPR professors often conduct postdoctoral research at foreign universities, most of them supported by CAPES grants. From 2017-2020, post-doctoral research was conducted at the Paris I Panthéon-Sorbonne University (France), the University of California (USA), and the University of Coimbra (Portugal).
Foreign Language Courses (PUCPR Global Classes)
The university offers the PUCPR Global Classes Program, where undergraduate and graduate courses are taught in another language at three different foreign language proficiencies. The GPL-PUCPR offers master’s and doctorate programs in English and Spanish at levels 1, 2, and 3.
Doctorate, Sandwich Doctorate, and Sandwich Master Co-supervision
The GPL-PUCPR has PhD students developing dissertations under co-supervision (double degree) with foreign universities such as the Paris I Panthéon-Sorbonne University (France), the Rovira I Virgili University (Spain), the Portuguese Catholic University (Portugal), and the National University of Colombia (Colombia). Several doctoral students attend sandwich doctoral periods at foreign universities every year, with CAPES and CNPq grants, either through a partnership already formalized or through new partner research initiatives. Master’s students also take sandwich periods at foreign universities, acquiring part of affiliated institutions’ credits.
Double Degree Program
The GPL-PUCPR offers a Double Degree Program with the University of Connecticut (USA), which allows master’s and PhD students to attend part of the credits at PUCPR, part at UConn, have their thesis and dissertations written in English and co-supervised by both a PUCPR and a UConn professor and, in the end, obtain GPL-PUCPR and UConn LL.M titles.
Foreign students and researchers in the GPL-PUCPR
The GPL PPGD annually receives master’s and PhD students from several countries (such as Colombia, Angola, and Senegal), who integrate into the program and interact with Brazilian students, and students who come for research periods (foreigners in a sandwich doctorate in Brazil). The GPL also receives foreign PhDs in postdoctoral research internships from countries such as Spain and Egypt.
Professors and students participation in international congresses
GPL professors attend to several international congresses abroad, together with their foreign research partners. The participation of master’s and PhD students is encouraged, through institutional policies of full funding for professors and students’ participation in international congresses (covering transport, accommodation and registration fees).
Organization of congresses, conferences and international courses at PUCPR
The GPL-PUCPR organizes, throughout each year, dozens of research and extension events with foreign professors at PUCPR, with open participation to the undergraduate and graduate community, as well as to the external community.
Research funding by international agencies
The GPL-PUCPR has research projects funded by international promotion agencies, such as the Ford Foundation, which in the 2017-2020 quadrennium supported projects such as the “Observatory of Consultation Protocols” (related to Convention 169 of the International Labor Organization).
International Publications
The GPL-PUCPR faculty frequently publishes scientific articles in foreign legal journals well qualified in Qualis (A1 and A2), having publications in journals of international impact according to the Scimago Journal Rank (Q1). There are also scientific articles in co-authorship with foreign researchers (international collaboration) and collective works coordinated in partnership with foreign professors (Spain, France, and India), published in Brazil and abroad.
Internationalization Board and PUC Idiomas (Languages)
The university has an Internationalization Board specializing in the search for opportunities and accomplishing internationalization projects for students and teachers. In addition, it counts on the support of PUC Idiomas (PUCPR language school) to help in internationalization.
Program Magazine with international recognition and foreign participation
The Economic and Socio-environmental Law Magazine, promoted by the GPL, was evaluated in the 2013/2016 quadrennium with Qualis A2, which grants it international impact recognition. The magazine publishes at least 20% of foreign researchers’ studies in English, French, Spanish, and Italian in each issue.
Research Line
State, Economy and Development
Freedom as a development criterion and its implications in Amartya Sen’s work: new foundations and legitimacy criteria for taxation
Coordinator: Prof. Dr. André Folloni
Funding: Araucária Foundation
The project’s general objective is to investigate Amartya Sen’s theoretical formulation with the problem of freedom and the evolution of this concept as a guideline. Sen’s recent work can be understood as an attempt to address concerns in various fields. For the economy, the concern is about the concrete problems faced by people in their daily struggle for a quality of life, in which they gain the ability to achieve what they have good reason to desire and value. For ethics, the concern about concrete decision-making that people have to make when faced with more than one path to follow. For Political Philosophy, the concrete relationship between the essential freedom that people have or are deprived of and the social and political environment in which they find themselves, including the justification of public policies to guarantee and promote freedom. For the Law, the investigation of theories and regulations, especially constitutional, of the protection of individual freedom and promoting socioeconomic conditions of free action in society.
AGRIBUSINESS AND BUSINESS AGREEMENTS: ONE REVIEW BY NEW INSTITUTIONAL ECONOMICS
Coordinator: Marcia Carla Pereira Ribeiro
Funding: Araucária Foundation for Scientific and Technological Development of Paraná.
The objective is to analyze the governance structure in the relationship of agricultural producers (poultry farmers) and agro-industries in Paraná, from the New Institutional Economics perspective, emphasizing Transaction Cost Economics, associated with the study of formal institutions (law) applicable to integration contracts.
INSTITUTIONAL ENVIRONMENT, NEW TRENDS IN THE BRAZILIAN ELECTRICITY SECTOR, RENEWABLE ENERGIES AND BUSINESS ACTIVITY IN BRAZIL
Coordinator: Marcia Carla Pereira Ribeiro
The Brazilian Electricity System is in transition to the third energy model. The objective is to analyze the impacts of these changes in the energy market and regulation, and promote the debate on the role of renewable energy in Brazil, its market structure, risks, and the regulatory process.
STATE, TECHNOLOGY, AND MARKET
Coordinator: Oksandro Osdival Gonçalves
The project seeks to reflect on legal and social issues related to the economic activity in a changing movement due to new technologies and new business models, emphasizing critical analysis of legislation and national, foreign, contemporary, and classic scientific production.
LAW AND TECHNOLOGY: CHALLENGES BETWEEN TECHNOLOGICAL ADVANCEMENT AND THE EFFICIENT PROTECTION OF RIGHTS RELATED TO THE COMPANY’S ACTIVITY
Coordinators: Oksandro Osdival Gonçalves (PUCPR), Ricardo Lupion (PUCRS) e Fernando Araújo (Faculdade de Direito da Universidade de Lisboa)
Among the events that impact the legal order, there are mainly technological innovations, which have been revolutionizing social, political and economic aspects, bringing, at present, important legal consequences. However, it is noteworthy that the Law is not always able to keep up with the progress arising from new technologies since the speed of transformation is much greater than the State’s ability to legislate on the unpredictable and countless developments of the facts and legal relationships that have emerged or even if modified. In this regard, the research aims to identify the appropriate balance between the continuity of technological advancement and the maintenance of an efficient protection system for rights related to the company’s activity.
EFFICIENCY OF THE PUBLIC SERVICE OF HIGHER EDUCATION IN BRAZIL: A QUANTITATIVE AND QUALITATIVE ANALYSIS OF THE LEGAL REGIME AND INSTITUTIONAL, PEDAGOGICAL AND INFRASTRUCTURAL PUBLIC POLICIES IN THE SECTOR
Coordinator: Emerson Gabardo
It integrates NUPED – Research Group on Public Policies and Human Development at PUCPR’s PPGD. It analyzes the public service of higher education in Brazil from the constitutional principle of administrative efficiency, studies possible social setbacks in the sector, and reflects on public education policies and their adequacy to its developmental project.
STATE AND PRIVATE INITIATIVE IN THE SUSTAINABLE OPTIMIZATION OF INFRASTRUCTURE
Coordinator: Luiz Alberto Blanchet
The project is part of NUPED. It aims to assess the current concrete situation of infrastructure in Brazil in relation to the most important productive sectors and point out the methods and criteria legally available to optimize infrastructure.
CONSTITUTIONAL FOUNDATIONS FOR THE RULE OF LAW AIMED AT HAPPINESS AND DEVELOPMENT: HISTORICAL, ETHICAL-INSTITUTIONAL AND ADMINISTRATIVE EFFICIENCY ASPECTS
Coordinator: Emerson Gabardo
It integrates NUPED – Research Group on Public Policies and Human Development at PUCPR’s PPGD. It analyzes the different aspects of State intervention in private life and deals with public policies’ efficiency and legitimacy in legal, economic, and social terms. It studies the fundamentals of Public Powers from Administrative Law, Constitutional Law, and State Theory.
STATE INTERVENTION AND BUSINESSES: ECONOMIC AND SOCIAL EFFECTS
Coordinator: Marcia Carla Pereira Ribeiro
It is analyzed if the Brazilian regulatory state fulfills the objectives of strengthening the market, strengthening regional development, adopting efficient mechanisms for the purpose of restraining business concentrations and controlling crisis situations facing business insolvency.
ANTITRUST POLICY AND ITS IMPORTANCE FOR SUSTAINABLE ECONOMIC DEVELOPMENT
Coordinator: Oksandro Osdival Gonçalves
The project is part of the Group and Research “Limits and possibilities for State intervention in the economy to promote sustainable development” and started in 2012. It analyzes whether and to what extent competition policy interferes in the competitive environment and its importance for sustainable economic development. The studies analyze the interactions between the market, State intervention, competition, and economic development role.
TAXATION AND INEQUALITY IN THE BRAZILIAN EXPERIENCE
Coordinator: André Folloni
Funding: CNPq
Exacerbated social and economic inequality is one of the most serious problems faced by humanity in the contemporary world. This problem has, in Brazil, a legal aspect: The Constitution determines, as fundamental objectives of the Federative Republic of Brazil, the guarantee of national development, the eradication of poverty, and the reduction of social inequalities. In this field, tax law is an agent in the economic system, and, theoretically, from its interaction with other factors may emerge, as an effect, both the accentuation of inequality and its reduction. The tax instrument is legally compatible with both the reduction of social inequalities, as a fundamental objective of the Republic, and with economic freedom, as the foundation and principle of the economic order. The problem faced by the project is the relationship between taxation and inequality. The general objective is to verify to what extent taxation and tax law in Brazil are agents that provoke or attenuate social inequalities.
Research Line
Social Rights, Development and Globalization
LAWSUITS INVOLVING THE CONCESSION OF THE TEN MOST DEMANDED DRUGS IN FEDERAL AND STATE COURTS: QUANTITATIVE AND QUALITATIVE DIAGNOSIS AND PROPOSALS FOR ALTERNATIVES TO JUDICIALIZATION
Coordinator: Daniel Wunder Hachem
Funding: CP 15/2017 – Productivity Scholarship – Araucária Foundation
The project is part of the Research Group “NUPED – Núcleo de Pesquisas em Políticas Públicas e Desenvolvimento Humano” (Research Core for Public Policies and Human Development) and was started in 2018. Following the enactment of the 1988 Constitution, the low effectiveness of fundamental social rights in Brazil, in response to the doctrine and jurisprudence, provoked an excessive centralization of the debate around the Judiciary as a solution for the realization of such rights, especially through individual lawsuits. However, this situation is not immune to criticism, and there are strong doctrinal discussions about the problems brought about by excessive judicialization for full and equal implementation of the fundamental right to health. Thus, the project, recognizing the need to understand the practical aspects of this scenario better, aims at identifying how Brazilian jurisprudence currently addresses the issue of health judicialization. Hence, the decisions of all five Federal Regional Courts and 27 Courts of Justice in the country regarding the ten drugs most requested to the Public Administration through judicial channels (thus recognized by the Ministry of Health) will be analyzed in order to identify: (i) the claim’s provenance/ dismissal rate, (ii) the nature of the lawsuits (individual or collective), (iii) the socioeconomic profile of the interested party, (iv) the representation of the claimant (through the Public Defender’s Office, Public Prosecution, private lawyers), (v) observance of the parameters outlined by the STF (Federal Supreme Court) for the concession of drugs and recommendations and statements of the CNJ (National Council of Justice), especially no. 31 and 36; (vi) if there was a requisition by administrative procedure prior to the commencement of the lawsuit; (vii) the collective actions also intend to identify the institutional dialog measures that have been affected (or that could have been affected) when processing and judging these lawsuits.
GLOBAL ADMINISTRATIVE LAW: A CRITICAL ANALYSIS
Coordinator: Daniel Wunder Hachem
Funding: Public Notice No. 15/2016 – CAPES/PDE – Postdoctoral Program Abroad.
The project is part of the Research Group “NUPED – Núcleo de Pesquisas em Políticas Públicas e Desenvolvimento Humano” (Research Core for Public Policies and Human Development) and was initiated in 2017. The proposal consists of critically examining the theoretical movement called Global Administrative Law, identifying the purposes of this trend initially developed in the United States in 2005, and demonstrating its problems and shortcomings from a culturalist perspective of Comparative Legal Studies. It also aims, from the point of view of legal globalization, to examine themes of Comparative Law conducted in the field of Administrative Law and Constitutional Law.
IMPACT OF INTER-AMERICAN HUMAN RIGHTS COURT DECISIONS ON BRAZILIAN PUBLIC ADMINISTRATION: AN ANALYSIS OF CONCRETE CASES
Coordinator: Daniel Wunder Hachem
Funding: CNPq (Brazilian National Research Council) Universal Call No.01/2016
The project is part of the Research Group “NUPED – Núcleo de Pesquisas em Políticas Públicas e Desenvolvimento Humano” (Research Core for Public Policies and Human Development) and started in 2017. The research proposal consists of a concrete analysis of the impact of the Inter-American Court of Human Rights’ decisions on the performance of the Brazilian Public Administration through case studies, driving the research through the following questions: does the Brazilian State comply with the decisions and follow the Court’s recommendations? In noncompliance, which have been the legal and social repercussions of noncompliance with these decisions and recommendations, and which are the administrative instruments to make such decisions effective? The regulations as foreseen in articles 1 and 2 of the Pact of San José of Costa Rica oblige the signatory States to enforce the human rights foreseen through “legislative or other measures that are necessary to make such rights and freedoms effective,” This implies compliance with the Inter-American Court decisions, mainly because the problem of the validity and effectiveness of human rights in conjunction with Administrative Law is of pressing relevance given the authoritarian profile that this legal branch still has in Brazil. The research project aims to analyze in these circumstances’ concrete cases in which the Brazilian Public Administration is requested by the Inter-American Court to fulfill an obligation and to observe what connection there is between the Public Power and the Court’s decisions and what relationship should be pursued effectively. Initially, three concrete cases, in which some obligation was imposed on the Public Administration, were selected. These cases affect in some way the institutes of Administrative Law, and will be studied within the term of the proposed research. They are: (i) Ximenes Lopes Case; (ii) Garibaldi Case; and (iii) Belo Monte Case. Brazil has already been convicted by the Inter-American Court in the first two cases and is currently supervising compliance with the sentence. Despite being convicted for at least 6 (six) years in these three cases, there is still resistance in complying with the sentence where effective action by the Brazilian Public Administration is required.
ADMINISTRATIVE INSTRUMENTS OF EQUAL PROTECTION OF SOCIAL RIGHTS WITH A VIEW TOWARD DEVELOPMENT
Coordinator: Daniel Wunder Hachem
The project is part of the Research Group “NUPED – Núcleo de Pesquisas em Políticas Públicas e Desenvolvimento Humano” (Research Group on Public Policies and Human Development) and started in 2014. The project aims at analyzing the responsibilities assigned by the Brazilian Constitution of 1988 to the Public Administration in terms of the creation and implementation of universal public policies aimed at the enforcement of fundamental economic and social rights, regardless of a judicial sentence. Moreover, it seeks to identify the mechanisms available to the Public Administrations to promote such rights’ satisfaction in an equal manner, universalizing benefits granted individually through administrative and judicial channels to all those holding identical legal-subjective positions.
REGIONAL INTEGRATION AND SUSTAINABLE DEVELOPMENT: TARIFF AND NON-TARIFF BARRIERS
Coordinator: Luis Alexandre Carta Winter
This scientific initiation research project is linked to the Research Project presented with the PPGD of PUCPR, integration, and sustained development, initially planned for the triennium 2010-2012. It has been extended due to the different economic conceptions adopted by successive governments. For pragmatic reasons, the project was expanded. It was initially limited to the collecting of tariff and non-tariff barriers in the three aspects of economic policy (except foreign exchange). It was later included and expanded with integration and sustainable development, thus enabling studies to be focused on the development of the Mercosur/WTO market. Derived from this project, and in parallel, the development of Paraná companies is worked. There are several episodes within the Mercosur economy, mainly Brazilian and Argentine of the use of these defense mechanisms, such as the technical measures adopted by Brazil concerning products from Mercosur countries, or the measures adopted by Argentina and Brazil in relation to Chinese products, which cover both compensatory and anti-dumping measures.
NEW CRIMINAL LAW DOGMATICS: COMPLEX CRIMES AND CONSENSUAL CRIMINAL JUSTICE
Coordinator: Rodrigo Sánchez Rios
Description: The research project is included in the PPGD’S Research Line: Economic Law and Development and the Concentration’s Area: Social Rights, Development, and Globalization. The reception of criminal institutes related to the framework of consensual criminal justice by the Brazilian legal system- generated numerous misunderstandings at the time of its concrete application, consequently generating incompatibilities. In the legislative sphere, the normative archetype was rethought to seek the viability and effectiveness of these instruments focused on organized crime. However, these legal provisions’ practical effect demanded both legislative complements and a more incisive performance by the Judiciary – the latter filling several gaps and establishing dynamics with exclusively empirical premises. This scenario does not generate surprise when denoting a demand, for the execution of these institutes, of a “close and fruitful proportional cooperation” between the jurisprudential practice and the criminal theory.
RETHINKING THE CRITERIA FOR IMPUTATION IN TRANSNATIONAL ECONOMIC CRIMES
Coordinator: Rodrigo Sánchez Rios
The need to examine the issues regarding criminal imputation in complex business structures is increasingly urgent. There are many reported cases concerning the occurrence of economic and financial crimes involving large corporate structures. The study of the legitimacy of criminal intervention in these practices, as well as the adequate means for this intervention, are, from this point of view, indispensable for the dogmatic updating of the Law, given the incontrovertible insufficiency of the means currently available for the application of the State ius puniendi in this field. Without the necessary dogmatic support, the factual observation of these considerations may give rise, for technical or probative reasons, to the situation previously identified by SCHÜNEMANN: an “organized irresponsibility” or to the violation of fundamental guarantees.
Research Line
State, Societies, Peoples and Environment
CONSUMER PROTECTION IN THE FACE OF NEW TECHNOLOGIES
Coordinator: Antônio Carlos Efing.
This project aims to understand the controversial and innovative marketing practices developed in the consumer market, analyze their suitability, or not, to the existing consumer protection, as well as to the constitutional principles and objectives. Finally, it is intended to understand how and to what extent such techniques have interfered in socio-environmental development.
CRITICAL ANALYSIS OF CONSUMER RELATIONS LAW AND TECHNOLOGICAL ISSUES
Coordinator: Antônio Carlos Efing
This project analyzes interdisciplinary technological development and its implications for the consumer society, considering the constitutional determination of Brazil’s socio-environmental balanced growth, to make social progress and quality of life of the population compatible. The project is part of the Research Group “Consumer Law and Technological Society” and started in 2007.
LAW AND TECHNOLOGY: PROBLEMS, RELATIONS, AND SOLUTIONS
Coordinator: Cinthia Obladen de Almendra Freitas
The project analyzes the legal protection of the dignity of the human person as traditionally addressed in Law, the influences of technological means and possible conflicts of principles and constitutional principles, and the necessary adaptation of this traditional reality to the times of the 3rd Millennium of the 4th Industrial Revolution, with special emphasis on legal analysis and the technological instruments available to make the effective protection of the dignity of the human person a reality.
PROTOCOLS FOR CONSULTATION OBSERVATORY
Coordination: Carlos Frederico Marés Filho, Liana Amim Lima (UEMS)
Funding: Ford Foundation.
This project is linked to the Research Group “Environment: traditional societies and hegemonic society” PUC/PR. The project will follow the community consultation protocols in their elaboration and applicability. Researchers will produce scientific papers on the analysis and theorization of community consultation protocols and other ILO Convention themes.
ENVIRONMENTAL RISK IN LATE MODERNITY: IN SEARCH OF NEW LEGAL PARAMETERS FOR SUSTAINABILITY
Coordinator: Heline Sivini Ferreira
Part of the Research Group Environment: Traditional Societies and Hegemonic Society (CNPq/PUCPR), this research project aims to analyze issues related to environmental risk in the context of late modernity, based on the problems caused to the environment by human actions and their potential effects on present and future generations. In this context, multidisciplinary approaches are valued, revealing the complexity required in the discussion of future environmental damage, as well as the need for effective integration among different scientific knowledges to achieve minimum sustainability parameters in the Socio-Environmental Legal State.
THE RIGHTS OF INDIGENOUS PEOPLES IN BRAZIL: THE MAIN PROBLEMS AND CHALLENGES IN THE 21ST CENTURY
Coordination: Carlos Frederico Marés Filho
This project is linked to the Research Group “Environment: traditional societies and hegemonic society” PUC/PR. This research project aims to analyze the Brazilian legislation on the rights of indigenous peoples and the identification of the main problems currently faced. It analyzes the challenges of the Law and the State for the protection of these collective rights.
PRESERVATIONISM AND TRADITIONAL PEOPLE IN THE PARANÁ COAST
Coordinator: Carlos Frederico Marés Filho
Funding: CNPq – 42587220181
This project is linked to the Research Group “Environment: traditional societies and hegemonic society” PUC/PR. This research project aims to analyze socio-environmental conflicts on the coast of Paraná, especially due to the traditional use of land and the proposals for preserving the environment that does not include resident peoples.
Research Line
Justice, Democracy and Human Rights
THE SOCIAL ACCOUNTABILITY IN THE BRAZILIAN JUDICIARY
Coordinator: Claudia Maria Barbosa
A research project funded by the National Council for Scientific and technological development – Universal Call 2018
The investigation intends to answer the following question: What mechanisms of social control and participation could make the Brazilian judiciary more accountable without compromising the independence of its performance? How can an organized society assist in the democratization of the judiciary? How can the management of the institutions of the justice system increase judicial accountability?
THE LEGITIMACY OF JUDICIAL REVIEW AND THE JURIDICAL ACCOUNTABILITY IN THE CONTEXT OF THE CONTEMPORARY CONSTITUTIONALISM
Coordinator: Claudia Maria Barbosa
The project brings together studies on democracy and constitutionalism, institutional designs and arrangements to increase the legitimacy of of justice institutions’ system, decision-making processes and procedures, judicial independence, and accountability.
SHARED AUTHORITY: JURISDICTION BETWEEN POSITIVISM AND ANTIPOSITIVISM
Coordinator: Katya Kozicki
Financing: CNPq
Taking as premises that it is necessary to revisit the theory of separation of powers as to take as one of its assumptions the principles of political morality that are part of the institutional history of society, and that an anti-positivist understanding of the notions of authority and jurisdiction — actualized in an interpretive perspective of legal interpretation — makes it possible to rework the role of courts, the general aim of this research project is to demonstrate in what ways the institutions that constitute the Judiciary and Legislative powers can develop a new relation in which institutional cooperation and an effective sharing of authority may express themselves.
RELATIONS BETWEEN ECONOMIC ACTIVITIES AND HUMAN RIGHTS: HUMAN BEINGS, REGULATIONS AND CHALLENGES
Coordinator: Danielle Anne Pamplona
The objective of the research project is to enable discussions around relations between business and human rights. Part of the research is the historical recovery of the genesis of these relations, based on the understanding of the needs of underdeveloped and developing countries and the instruments for protecting investors and investments, especially in decolonization processes post-World War II. The United Nations’ attempts to regulate transnational economic activity and different initiatives such as the Global Compact, the OECD Guidelines for Multinational Enterprises, the UN Guiding Principles for Business and Human Rights are also part of the project’s theme of interest: Corporate Social Responsibility; Responsible Business Conduct; Business and Human Rights; an international Treaty; and their meanings for the duties of the State and corporations. The effectiveness of these instruments is assessed against their meanings for the potential and real victims of these impacts and based on the analysis of the structural, economic, social, and institutional obstacles encountered so that they can participate in the decisions that affect them, interfere when the burden on them is too significant and to seek repair when the damage occurs. The different views on the theme have in common the criticism of how these relationships develop today and the search for results that can positively impact people’s lives.
THE THIRD SECTOR AND SOCIO-ENVIRONMENTAL IMPACT ORGANIZATIONS IN SOLIDARITY SOCIETIES
Coordinator: Claudia Maria Barbosa
The project analyzes how Third Sector Law can impact organizations (social, political, cultural, economic, technological) and solidarity societies in socio-environmental development.
TITULARITY, LIFE AND HEALTH: THE HUMAN BEING AND THE SOCIOECONOMIC ENVIRONMENT IN DEVELOPMENT
The project develops a critical analysis of the traditional notions of titularity over the human body, the right to life, and health protection, protecting human beings in their dignity. To that extent, it carries out reflections on the socioeconomic environment in constant development, from the perspective of the consequences that are already evident in human health and several traditional legal categories. It also seeks to demonstrate the legal parameters that guide biomedical and biotechnological innovations, both in terms of research and the various therapeutic measures involving human beings, directly or indirectly.
Faculty
André Parmo Folloni
PhD in Law (Federal University of Paraná, 2011). Master’s degree in Law (Pontifical Catholic University of Paraná, 2004). Bachelors Degree in Philosophy (The Pontifical Catholic University of Paraná, 2016). Bachelors Degree in Law (Federal University of Paraná, 2001). Full Professor and Law School Dean at the Pontifical Catholic University of Paraná. Main research topics: Taxation and Development.
Antônio Carlos Efing
Ph.D. in Social Relations Law - PUC/SP. Areas of interest: contract law, consumer law, consumers, sustainability. Research area: Societies and Law. Research group: Consumer Law and technological society (leader). Research project: Critical analysis of consumer relations law and technological issues; Consumer protection in the face of new technologies.
Carlos Frederico Marés de Souza Filho
PhD in Law (Federal University of Paraná, 1998). Masters in Law (Federal University of Paraná). Full Professor in Law at the Pontifical Catholic University of Paraná (since 1991). Collaborating professor at the Federal University of Goiás and Autonomous University of San Luis Potosi (México) on invitation. Leader of the Research Group "Environment: traditional societies and hegemonic society." He was Secretary of Culture of the Municipality of Curitiba; Attorney General of the State of Paraná; President of the National Indian Foundation - FUNAI; Attorney General of the National Institute of Colonization and Agrarian Reform - INCRA; President of the Cultural Foundation of Curitiba; President of the Development Bank of the Extreme South - BRDE; President of the Instituto Socioambiental - ISA; Member of the Board of Directors of the Latin American Institute of Alternative Legal Services - ILSA. Main research topics: Right of traditional peoples; Cultural Heritage; Agrarian and Socio-Environmental Law, Human Rights.
Cinthia Obladen de Almendra Freitas
Ph.D. in Informatics (2001): document analysis and recognition - PUCPR. Master in Electrical Engineering and Industrial Informatics from the Federal Technological University of Paraná (1990). Graduated in Civil Engineering from the Federal University of Paraná (1985). Titular Professor at the Pontifical Catholic University of Paraná - PUCPR (1985-current) for Law School (Electronic Law; Law and Informatics; Intellectual Property). Permanent Professor of the Graduate Program in Law (PPGD) (Master's and Academic Doctoral Programs). Researcher at the Research Group “Justice, Democracy and Human Rights”. Coordinator of the Study Group on “New Technologies and Civil Society”. Area of interest: Law and Technology, Law and Internet, Electronic Law, Digital Law, New Technologies, Copyright, Electronic Contracts. Has professional experience in the areas: Computer Forensics, Forensic Document Examination and Graphoscopy. Founder of “FK – Peritos Associados”. Founder of “Direito Inteligente – Consultores Associados”. Consultant Member of the OAB/PR at Commission on Innovation and Management (Ordinance 142/2019). Academic Director of the National Data Protection Institute (INPD).
Claudia Maria Barbosa
Doctor of Law (Federal University of Santa Catarina). Master and Bachelor of Laws degrees (Federal University of Santa Catarina). Postdoctoral studies at the Center for Social Studies - CES, University of Coimbra, Portugal. Visiting Professor at York University, Canada. Main research topics: Judicial Politics and Administration of Justice, Constitutionalism and Democracy, Third Sector Law, Citizenship and Solidarity Societies.
Daniel Wunder Hachem
Doctor of Laws (Federal University of Paraná). Master of Laws (Federal University of Paraná). Postdoctoral fellowship at the Sorbonne Law School (Paris 1 Panthéon-Sorbonne University) supported by a grant from CAPES. Full professor at Pontifical Catholic University of Paraná (PUCPR) and Director-General of NUPED - Center for Public Policies and Human Development at PUCPR. Professor at the Department of Public Law at Federal University of Paraná. Visiting Professor at the Sorbonne Law School - France (2018/2020), Rovira i Virgili University - Spain (2016) and University Externship of Colombia (2020). Professor and member of the Academic Committee of the master’s in administrative law at National University of the Litoral (Argentina). Member of the Ibero-American Administrative Law Forum and the Mercosur Public Law Association. Academic Director of NINC - Center for Constitutional Research at the Federal University of Paraná. Lawyer. Main research topics: Social Administrative Law; Fundamental Social Rights; Public Policies; Public Services; Social Inclusion.
Danielle Anne Pamplona
Full Professor of Graduate and Undergraduate Law Program at the Pontifical Catholic University of Paraná (PUCPR). Postdoctoral at the Washington Law School at American University (Washington – DC, 2015/2016); Visiting Research Scholar at Max Planck Institute for Comparative Public Law and International Law (Heidelberg, 2019), Ph.D. in Law at the Federal University of Santa Catarina (2006), Master’s in Law from the Pontifical Catholic University of São Paulo (2000). Director of the Human Rights Clinic at PUCPR; Vice-Director of the Global Business and Human Rights Association – Latin America. She has professional experience working with a Non-Governmental Microcredit Organization. Associate lawyer at Pamplona, Braz & Brusamolin Advogados Associados.
Eduardo Oliveira Agustinho
PhD in Economic and Socio-environmental Law at the Pontifical Catholic University of Paraná (2011). Master in Latin-American Integration at the Federal University of Santa Maria (2003). Bachelor’s Degree in Law at the Pontifical Catholic University of Paraná (1988). Visiting Researcher at Paris 1 Panthéon-Sorbonne University (2010) and the World Intellectual Property Organization - WIPO (2011). Currently Director of the iPUCPR Institute - Smart Cities. Full Professor of Business Law in the Law Graduation Course and Collaborating Professor of PPGD at PUCPR. Lawyer in Curitiba with expertise in the fields of Business and Economic Law. Main research topics: Intellectual Property and Innovation, Corporate Law and Corporate Governance.
Emerson Gabardo
Visiting scholar in Comparative Public Law by Fordham University School of Law (USA - 2013). PhD in State Law from the Federal University of Paraná, with a PhD internship at the Classic University of Lisbon (2009). Master in State Law (Federal University of Paraná, 2002). Full Professor of Administrative Law at PUCPR. Associate Professor of Administrative Law at the Federal University of Paraná. Senior visiting professor at the J. W. Peltason Center for the Study of Democracy at the University of California (USA - 2020). Former vice-president of the Brazilian Institute of Administrative Law (2017-2019). Main research topics: Administrative Efficiency, Welfare State and The Rule of Law, Digital Public Administration, Human Development, Public Utilities, Public Ethics, and Democratic Decay.
Heline Sivini Ferreira
Professor of Undergraduate and Postgraduate Programs in Law at the Pontifical Catholic University of Paraná (PUCPR). Ph.D. in Law at the Federal University of Santa Catarina (UFSC/2008), having completed her Ph.D. internship at the Centre for Environmental Law at Macquarie University (Australia/2006). Master’s in Law at UFSC (2001). Law degree at the State University of Paraíba (UEPB/2000). Researcher at the Research Groups "Environment: Traditional Societies and Hegemonic Society" (CNPq/PUCPR) and “Environmental Law and Political Ecology in the Risk Society“ (CNPq/UFSC). Regional Coordinator of the Association of Professors of Environmental Law in Brazil (APRODAB). International Affairs Director of Law for a Green Planet Institute (IDPV). Member of the Academy of Environmental Law of the International Union for Conservation of Nature (CEL/IUCN). Winner of the 2017 Environmental Law Scholarship Award (Emerging Scholarship Award/IUCN).
Jussara Maria Leal de Meirelles
Law Degree at the Federal University of Paraná (1983), with a Master's Degree in Social Relations Law at the Federal University of Paraná (1993), Ph.D. in Social Relations Law at the Federal University of Paraná (1999) and Post-Doctorate at the Biomedical Law Center, University of Coimbra (2008). Full Professor of Civil Law at the Pontifical Catholic University of Paraná, Professor of the Permanent Staff of the Graduate Program in Economic and Socio-Environmental Law (Master’s and Doctorate) at PUCPR. Federal Prosecutor at UFPR.
Katya Kozicki
Visiting research scholar at Benjamin N. Cardozo School of Law, New York (2012-2013). Doctoral Degree in Law, Politics and Society from the Federal University of Santa Catarina (2000). Visiting researcher associate at the Center for the Study of Democracy, the University of Westminster, London/England (1998-1999). Master’s degree in Laws from the Federal University of Santa Catarina (1993). Bachelor in Economic Sciences Degree from the Catholic College of Administration and Economics (1988) and a Bachelor of Laws Degree from the Federal University of Parana (1986). Full Professor of Theory of Law at the Pontifical Catholic University of Paraná and the Federal University of Paraná. Associate Dean at the Pontifical Catholic University (2003-2004). Research areas of interest: Theory of Law; Constitutionalism and Democracy; Human Rights and Constitutional Jurisdiction. Research fellow at National Council for Research, CNPQ, since 2009.
Luís Alexandre Carta Winter
Bachelor’s degree in Law (Federal University of Paraná,1984), Specialization in Philosophy of Education (Pontifical Catholic University of Paraná, 1988), master’s degree in Latin American Integration (Federal University of Santa Maria, 2001) and a doctorate in Latin American Integration (USP/PROLAM, 2008). Currently, he is a full professor at the Pontifical Catholic University of Paraná (where he was a coordinator from 1987 to 1989), in the lato sensu program, where he coordinates the specialization in law, logistics, and international business, and in the strito sensu program, in the master’s and doctorate programs. Former professor and former coordinator (2005-2010) of the law course at the International College of Curitiba, full professor at the Curitiba University Center and Industry College - IEL. Militant lawyer since 1984 and legal consultant, acting mainly in the following subjects and fields: Contracts; Regional Integration; Mercosur; International Relations; Maritime Law; Human Rights; Humanitarian Law; Customs Law; International Economic Law; and International Law. Coordinator of NEADI (www.neadi.com.br). Member of the Literature Center of Paraná and the Lawyers Institute of Paraná.
Luiz Alberto Blanchet
PhD and masters in State Law (Federal University of Paraná – UFPR); Specialist in Private Law from the UFPR, full member of the Brazilian Academy of Constitutional Law, member of the Lawyers Institute of Paraná, member of the Brazilian Institute of Energy Law, and founding member of the Red Docente Eurolatinoamericana de Derecho Administrativo – REDOEDA. Professor of Administrative Law at the PUCPR. Former Legal Assistant of the Presidency of Euro-Latin American Teaching Network of Administrative Law, where he worked for 27 years. Partner of Blanchet Associated Lawyers. Main areas of interest: Administrative Law, Energy Law, Business Law, Law and Innovation, and Sustainability.
Marcia Carla Pereira Ribeiro
PhD in Law and Social Relations (Federal University of Paraná). Master in Private Law (Federal University of Paraná). Full Professor of Business Law at Pontifical Catholic University of Paraná. Post-doctorate at the Law School of the Faculty of Law of the Getúlio Vargas of Sao Paulo. Post-doctorate at the Faculty of Law of the Lisbon University. Post-doctorate at the Paris I Panthéon-Sorbonne University. Associate Professor of Business Law at the Federal University of Paraná. Visiting researcher at the University of Montréal (2007). Lawyer. Economic Regulation Director at AGEPAR - Regulatory Agency of Paraná.
Oksandro Gonçalves
Post doctor in Law (Faculty of Law, University of Lisbon - Bolsa CAPES -2017). PhD in Law (Pontifical Catholic University of São Paulo, 2010). Master in Economic and Social Law (Pontifical Catholic University of Paraná, 2002). Full professor in Law School at Pontifical Catholic University of Paraná (2015). Lawyer (1997). Main research topics: Business Law, Law and Technology, Law and Development, Economic Law.
Rodrigo Sánchez Rios
PhD in Criminal Law and Criminology (University of Rome III - La Sapienza - 1991). Postgraduate degree in Economic Criminal Law (University of Castilla - La Mancha - 2001). Bachelor’s Degree in Law (Federal University of Paraná - 1986). Full Professor of Criminal Law at the Undergraduate and Graduate Strictu Sensu School of the Pontifical Catholic University of Paraná. General Secretary of the Brazilian Bar Association - Paraná Section. Criminal attorney in Curitiba / PR.
Vladimir Passos de Freitas
PhD and master’s degree in Law (Federal University of Paraná, 1999 and 1991). Bachelor’s degree in Laws (Catholic Faculty of Law of Santos, 1968). Post-doctorate from the USP School of Public Health (2014). Full Professor of Environmental and Sustainability Law, and Public Policies and Constitutional Law to Public Safety at Pontifical Catholic University Paraná. Retired Federal Judge. Former President of the Federal Court of Appeal for the 4th Region. Former National Secretary of Justice. Main research topics: Environmental Law and Public Safety.
Courses
Only the DEVELOPMENT AS FREEDOM course is taught in english.
THE CRIMINAL IMPACT ON GLOBAL ECONOMIC ACTIVITY AND TRANSNATIONAL CRIMES
The internationalization of the criminal law based on several normative diplomas (Vienna Convention 1988, Palermo Convention 2000) and its repercussion in the national criminal law. Crimes resulting from business activities, its reactions in the economic order and relevance in social development. Receptivity and classification of transnational crimes, their inspection, applicability and contextualization in preventive public policies. The risk of expanding criminal policy at the landmark of the rules on money laundering and crimes against financial system.
Credit: 3
NATURE AND TRADITIONAL SOCIETIES IN THE SOCIO-ENVIRONMENTAL CONSTITUTIONS OF LATIN AMERICA
Legal system under Spanish and Portuguese colonialism. The process of independence and constitution of national states. Haiti and Paraguay, the independence of African Americans and non-Europeans. The Mexican and Bolivian revolutions of the 20th century and their legal consequences. Latin American national constitutions of the late 20th and 21st centuries: coloniality and decoloniality. The constitutional legal theory of the 20th and 21st centuries. Indigenous people, nature and other traditional peoples. Social and environmental constitutions.
Credit: 3
BIOLAW AND SOCIAL DEVELOPMENT
From Bioethics to Biolaw: the delicate assignment of interdisciplinary thinking. Genetic engineering: ethical and legal outlines. Transgenics, the environment, biosafety and consumption. Research involving human beings: limits. Health, freedom, autonomy and information: in search of free and informed consent. Market and functionalization of the human body: organ transplants. Balanced environment and mental health: legal categories and dimensions of the human being. The course aims to analyze the various current biotechnological techniques, in the face of respect for human dignity. In this sense, we seek to investigate the role of Biotechnology in relation to the human being and his environment, as well as the influence of Biolaw in demonstrating the sustainability of development.
Credit: 3
CONSTITUTIONALISM AND DEMOCRACY
Public and private autonomy. Popular sovereignty. Constitutional democracy. Constitutional crisis. Constitutional hardball and abusive constitutionalism. Democracy and the legitimacy of judicial review. Post-democracy.
Credit: 3
DEVELOPMENT AS FREEDOM
Amartya Sen’s theory on development. Well-being and agency. Well-being freedom and agency freedom. Functioning and capability. Development as freedom. Instrumental freedoms. Markets and State. Inequality, development and justice.
Credit: 3
BUSINESS ADMINISTRATIVE LAW IMPLEMENTING SUSTAINABLE DEVELOPMENT
The object of study comprises the functions of Public Administration related to state and private business activities. The scope of the studies has as its core objective and idea the national development considered according to all dimensions and objectives of sustainability.
Credit: 3
INCLUSIVE ADMINISTRATIVE LAW, SOCIAL RIGHTS AND DEVELOPMENT
Transformations of Administrative Law: from the liberal-individualist-subjectivist model to the paradigm of the Social and Democratic State. The direct subjection of the Public Administration to the Constitution: between strict legality and administrative efficiency. The objective dimension of social rights: legal effects on Public Administration. The constitutional notion of development beyond the economic perspective. Public policies for social inclusion: creation, execution, evaluation and control. Legal regime for public services and citizen protection: controversial aspects. Administrative mechanisms for equal protection of social rights.
Credit: 3
ENVIRONMENTAL LAW AND SUSTAINABILITY
Environmental Law: history, public policies and environmental ethics. Sustainability. Social and economic impacts of Environmental Law. United Nations Sustainable Development Goals (SDGs). Agriculture and the environment. Protection of Brazilian historical and cultural heritage. Energy sources and socio-environmental reflexes. Judicial and extra-judicial mediation for environmental damage. The role of the Judiciary in the environmental issue. Environmental Courts.
Credit: 3
ENERGY, ENTREPRENEURSHIP AND SUSTAINABILITY
Study of legal issues pertaining to energy, technology, innovation and sustainability, and the legal link between these four issues. The researches covered by this discipline have as a parameter the normative system, jurisprudence and doctrine in the areas of the State and private initiative.
Credit: 3
CONSUMER LAW, ECONOMIC ACTIVITY AND SOCIO-ENVIRONMENTAL SUSTAINABILITY
Introduction: Consumer and Citizen Defense. The civil and consumer legal relationship. National Consumer Relationship Policy, Implementation challenges. System of civil liability and guarantees at the CDC. Abusive practices. Economic Power vs. Solidarism. Information and consumer society in a pandemic period. Technological and consumer society in a pandemic period. Conscious Consumption.
Credit: 3
BUSINESS LAW AND DEVELOPMENT: AN ECONOMIC ANALYSIS
Economic Analysis of Business Law. Business freedom and information asymmetry. Economic agents: private company and socio-environmental values. Companies and economic liberty: efficiency. Intervention and economic liberty. Competition Law, market failures and competitive factors. Insolvency and Reorganization Law and its importance for economic liberty and entrepreneurship. Business contracts: interpretation and markets. Corporate property: private rights and social interest.
Credit: 3
INTERNATIONAL HUMAN RIGHTS LAW
Origin and relations to international law. Ius commune. The typology of State’s obligations. The progressive realization of human rights. Global system for human rights protection and relevant bodies: critics. Inter-american system for human rights protection and its impacts in Brazil: important decisions and definitions and the conventionality control.
Credit: 3
INTERNATIONAL ECONOMIC LAW
The law of economic relations; Origin and evolution of GATT: rounds of economic negotiation. New international economic order: letters from the UN and its respective economic agencies. Role of the World Trade Organization: Millennium Round. Multilateralism and regionalism: new themes and international agreements. The IMF; the World Bank; transnational corporations; Foreign investment and sustainability; Law of the situation (legal regime) of the foreigner.
Credit: 3
SOCIO-ENVIRONMENTAL LAW
Transformation of land into private property and socio-environmental consequences. The disregard of nature and collective knowledge by modern law. Confrontation between European law and the rights of indigenous and tribal peoples of Latin America. Social-environmental collective rights, risk society and private property. Rights of indigenous peoples and other traditional populations. Protection of cultural and environmental heritages as a right of indigenous and tribal peoples. Biodiversity, sociodiversity, jusdiversity and agrobiodiversity. Limits of capitalist law for the inclusion of socio-environmental rights.
Credit: 3
LAW, RISK AND ENVIRONMENT
From first modernity to second modernity: the transformation of industrial society into a risk society. From concrete risks to abstract risks: cross-border and trans-temporal threats. Risk society and environment: the limits of growth. Nature outside the law: the weakness of law in the face of common goods. Development and sustainability: the contradictions of late modernity.
Credit: 2
ECONOMICS, ECONOMY AND LAW
Fundamental concepts and interconnections. Modes of production and types of economic coordination. History of public intervention in the economy. The different foundations of the State’s action in the economy. The economic order in the Constitution and its fundamental principles. Economic law and public policies. Economic policy. Market failures and the issue of economic grade of concentration. Development: theories, concepts, criticisms and new paradigms.
ECONOMY, LAW AND TECHNOLOGY
Fundamental concepts and connections. Economic development and technology. Industrial revolution 4.0. Technology impacts concerning economic activity. Artificial intelligence and legal effects. Innovation as a new frontier for the Economic Law.
BUSINESS AND HUMAN RIGHTS: FROM STATE’S OBLIGATION TO BUSINESSES’ RESPONSIBILITY
Corporate social responsibility and Business and Human Rights: genesis of debates. Different regulations. The UN Guiding Principles for Business and Human Rights: State’s obligations; due diligence in human rights and access to remedy. Extraterritoriality. Public policies on Business and Human Rights: National Action Plans. The need, the possibility and challenges for the adoption of a Treaty on Business and Human Rights.
Credit: 3
WELFARE STATE, JUSTICE AND HUMAN DEVELOPMENT
The rule of law in the pragmatic context. Human development based on overcoming major social obstacles: violence, intolerance, patrimonialism, injustice, authoritarianism, inequality, and commercialization. State intervention in private and market autonomy. The different State models: liberal and social. The crises of efficiency and legitimacy of the State. Weaknesses of democracy in the today’s world. Relations between civil society and public authorities. The different theories of justice and their impact on public choices.
Credit: 3
TEACHING INTERNSHIP
Teaching activities in general. Undergraduate teaching. The structure of scientific knowledge. The didactic question. Teaching methodologies. Teaching activities and the issue of interdisciplinarity. The critical spirit. The relationship between students and teacher. Teaching at the graduate level. Evaluation issues.
Credit: 2
SOCIAL FUNCTION OF CONTRACT, TECHNOLOGY AND CONSUMPTION
Introduction: Ethics, solidarism and consumption. Economic, social and socio-environmental function of the contract. Consumer and Citizen Defense. Fundamental guarantees in a pandemic period. Protection of consumer confidence The civil and consumer legal relationship. Brazilian consumer protection. Equivalent consumers. Vulnerability, Aggravated Vulnerability and Hypervulnerability. National Consumer Relationship Policy, Implementation challenges. System of civil liability and guarantees at the CDC. Abusive practices Information and consumer society. Technological and consumer society. Conscious and Solidary Consumption.
Credit: 3
REGIONAL INTEGRATION AND DEVELOPMENT
Origin and reason of economic blocks. Principle of Exception to the Most Favoured Clause of GATT/47. Bella Balassa structure. Characteristics of the types of Economic Blocks. Economic Policy linked to economic blocs. Examples of Economic Blocs: European Union; Laia. MERCOSUR; other Economic Blocs. Analysis of each MERCOSUR body and its performance. Sustainable development.
Credit: 3
RESEARCH METHODOLOGY
Introductory aspects regarding the structure of scientific knowledge. The legal monograph and thematic criteria. Textual species: analysis and interpretation. Project, research techniques and methodology. Questioning, fallacies of argument and self-criticism. Scientific writing: technical and ethical issues. Rules for the formalization of dissertations.
Credit: 2
JUDICIAL POLITICS: JURISDICTION, POLITICS, POLICIES AND DEMOCRACY
Interfaces among jurisdiction, politics and democracy. Constitutionalisms and democracies. Judicialization, activism, backlash, lawfare. Supreme Court and judicial review. Democracy and deliberation. Judiciary policies. Judicial independence, impartiality and accountability. Active citizenship, control and social participation. Techno-democracy.
Credit: 3
PUBLIC POLICIES AND CONSTITUTIONAL RIGHT TO PUBLIC SAFETY
Public policies: their meaning and insertion in Public Safety. National Public Safety System in the Constitution and in the legislation. New forms of criminal policy aimed at recovering the products and proceeds of crime. Organized crime, origin, extent, difficulties in coping with and economic reflexes. Criminal transaction and non-persecution agreement: effects on Public Safety. Investigative journalism. Exploration of residues by Camorra in Naples, Italy. The Gomorrah case. New evidences in the Brazilian criminal process. Community Police and social participation in Public Safety. The importance of the Scientific Police in criminal investigation. Obstacles and challenges.
Credit: 3
TECHNOLOGICAL ISSUES AND SOCIETIES
Introduction: everyware paradigm, pervasive computing, ubiquitous computing, Internet of Things (IoT), Big Data, data revolution, Artificial Intelligence (AI). Conceptualising data, information, knowledge, wisdom. Informational society. Technological society. Transparent society. Surveillance society. Control society. Society of Algorithm. Privacy, data protection, fundamental rights. Legal and technological aspects of new technologies.
Credit: 3
THEORY OF FUNDAMENTAL SOCIAL RIGHTS
Concept and structure of the norms of fundamental rights. Social rights as fundamental rights. Multifunctionality of social rights and state actions. The double dimension (subjective and objective) of social rights. Immediate applicability and protection against abolitive constitutional reforms. Existential minimum. “Vorbehalt des Möglichen”. Prohibition of social regression. Public services and public policies. Judicialization of social rights.
Credit: 3
TAXATION, DEVELOPMENT, AND FUNDAMENTAL RIGHTS
Tax justice. Ability to pay. Tax neutrality. Benefit and sacrifice theories. Horizontal and vertical tax equality. Indirect taxation. Ethical minimum. Proportionality and progressivity. Consumption, property, revenue and heritage taxes.
Credit: 2
THESIS WORKSHOP
The discipline provides doctoral students with the discussion of their Thesis projects, aiming at methodological and theoretical-practical feedback from their peers and the professor.
Credit: 1 – 2
More Information
Students attending the Graduate Program in Law must apply to a selection process consisting of a written test, presentation of a research pre-project, foreign language knowledge (two languages, in the case of a PhD), and interview. Once integrated into the course, students approved in the selection need to prepare a research project according to the advisor’s suggestions and have it approved by the Course Collegiate in the middle of the Program (12 months for a master’s degree, 24 months for a doctorate). In the case of a doctoral degree, it is also necessary to have the dissertation project approved by a qualification board, usually after the conclusion of subject credits to obtain the master’s or doctoral title. The students need to fulfill a specific workload of 450 hours for the master’s degree and 900 hours for doctoral degree programs. This includes subjects, supplementary activities, and preparation of the thesis or dissertation before it is defended.
Human Resources training, teaching, research, and professional practice in the legal area; professionally able to propose innovative solutions in the light of the reality of the 3rd Millennium.
Proactive action for social problems regarding legal, environmental, economic, and technological aspects.
Intervention in achieving different stages of national public policies.
Act in the continuous formation of legal careers.
Dissemination of knowledge in the legal community and civil society.
Transfer of legal knowledge of social, economic, cultural, and legal relevance.
Organization of events for the dissemination of science to civil society in general and to the legal community with local, regional, national, and international impact. The highlights: “CONGRESSO BRASILEIRO DE DIREITO SOCIOAMBIENTAL” (BRAZILIAN SOCIO-ENVIRONMENTAL LAW CONGRESS) and “CONGRESSO DE DIREITO ECONÔMICO” (ECONOMIC LAW CONGRESS).
Participation in civil society organizations outside the University.
The Program’s former students are professionals capable of thinking and questioning the current problems that the Law faces. They are qualified to propose practical solutions, teaching and developing scientific research autonomously in Higher Education Institutions in Brazil or abroad. They can build a forecast aimed at overcoming the economic and social dichotomy that pervades social relations, using Law as a means of analyzing and offering solutions that contribute to the social and economic progress of society, always attentive to new technologies and challenges.
Since 2011, PUCPR has engaged in a project called Excellence in Stricto Sensu that is aimed at internationalizing the institution’s programs to achieve maximum scores of 6 and 7 and to promote transdisciplinarity and innovation in different areas of knowledge, especially in its strategic areas. The PIBIC master program is one its greatest differentials (it allows talented students to attend both undergraduate and graduate stricto sensu programs and develop part of their research in a highly qualified foreign institution) as well as being in harmony with society and focusing on innovation.
The institution must also be constantly attentive to the changing needs of the society, with alignment/realignment to the CAPES criteria and oriented to develop internationally, having internationalization as its main guide in the search for quality in teaching and research.
Every graduate program must meet the criteria set by their corresponding committee; therefore, each program strategic planning and operating criteria needs to be done accordingly.
Criteria for each area need to be discussed within the program annually so that all necessary and appropriate corrective actions can be taken during the four-year period. Each program is committed to structuring and readjusting its strategic planning annually in search of excellence. In addition, the programs are encouraged to rethink their lines of research in order to adapt to the rapid changes that may occur in international and national scenarios.
This graduate program’s dynamism and flexibility must always meet quality criterion both in master’s and doctoral training and in the development of research and innovation, essentially aiming at the improvement of society. Thus, an annual review of each program strategic planning is requested that contains the topics below at a minimum:
- i. Mission and vision of the program;
- ii. Summarized annual opinion produced by an external evaluator; the annual evaluation by an external member is an institutional practice conducted since 2006, which allows for the annual performance of each program to be assessed according to the area criteria;
- iii. Strengths, weaknesses, opportunities, and risks (preparation of a SWOT matrix showing external and internal factors) considering the goals for the current and next four years;
- iv. Goals (measurable objectives) established for the consolidation and development of strengths and improvement of weaknesses;
- v. Actions (processes) necessary to achieve the objectives, people in charge, and monitoring instruments; in this topic, the coordinator and the institution should get involved to consider resizing the faculty and the student body, criteria for accreditation/re-accreditation, infrastructure, selection process, strategies to increase fundraising, and citations and innovation, among other items;
- vi. Preliminary text of the program’s self-assessment describing the last four years containing at least the following information: stages of the self-assessment process; analysis of results and achievement of objectives; necessary actions for its consolidation and internationalization;
The IDP (Institutional Development Plan) document presents the strategic plans of all the programs aligned with the institutional planning, containing the Mission, Vision, SWOT Matrix, Canvas, and road map, and providing information on the needs and intentions of the programs for the 2017–2020 and 2021–2024 quadrennium of the CAPES evaluation.