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por Leonardo Oliveira de Almeida publicado 08/05/2018 15h28, última modificação 08/05/2018 15h29

ABOUT THE PROGRAM

por Leonardo Oliveira de Almeida publicado 08/05/2018 15h28, última modificação 08/05/2018 15h29

According to the Regulations of the Program, the Post Graduate Program in Law aims to train researchers, teachers and other professionals in the area of ​​legal knowledge through criticism, philosophical systematization and in-depth study of legal issues for development the science of law.

This critical formation of its student body and faculty should be seen in the perspective of the Academic Policy of the University that has as its main line the construction of citizenship as a collective patrimony of civil society. In this perspective, the program seeks to train teachers, researchers and legal operators with a critical spirit, committed to solving the problems that historical social reality offers them, since legal research has meaning only when linked to the social reality consciously reflected and praxis committed to Citizenship as a collective value.

The jurist must not only contribute to the solution of social conflicts, but also understand their origin, which allows a critical distance and awareness of the implications of positive law in a society marked by the social inefficiency of law and by the mismatch between legal- Formal and social and economic inequalities.

The purpose of the Program is, according to its regulations, to assign the Master degree to students who complete it in accordance with its regulations and other institutional norms and relevant legislation (article 2). Trained as a researcher, the Master in Law works in university teaching, research and extension, mainly in undergraduate program. Being considered as the degree of entrance in the academic career, the masters prepares, in addition, the professional for the independent research, required to obtain the degree of doctor in Law. Although most masters in law also act as legal practitioners, namely as judges, prosecutors and lawyers, the purpose of the master's degree is to prepare the student for a career in academia, that is, the training of university professors who will work in the program of Law graduation.

This task supposes the formation of professionals who give materiality to the constitutional principle laid down in art. 207 of the Brazilian Constitution:

Article 207. Universities enjoy didactic-scientific, administrative and management autonomy and shall obey the principle of the indissociability between teaching, research and extension.

The possibility of materializing the principle of indissociability between teaching, research and extension, the paradigm of a socially referenced university and the matrix of collective work projects in higher education, presupposes reconciling a critical analysis of education, taking as a reference the socio-political-economic contexto, with pedagogical procedures that favor a learning based on the historicity of the sciences and the problematization of its application in social practice. The exercise of teaching in higher education therefore presupposes the mastery of the area of ​​knowledge that is taught, associated with didactic and pedagogical knowledge, which enables the teacher to carry out the educational action by associating teaching, research and extension, with scientific criteria and according to the intended educational project.

The Law on the Guidelines and Bases of National Education No. 9394/96 establishes as a minimum requirement for the exercise of teaching in basic education, the pedagogical training offered in undergraduate program. However, for teaching in higher education, there is no such requirement, as if mastery of a specific knowledge, automatically implies the ability to teach it, translating into effective learning on the part of the students. However, postgraduate programs, which form and titrate university professors, do not always include training for teaching, that is, studies related to the teaching of knowledge to which the student engages.

The teaching practice can be reduced to the mere reproduction of the models learned in the classroom, if it is not subject to a systematic and continuous reflection, to examine questions about why, so that for whom, what and how is taught and is learned. And teaching practice in higher education, as is known, includes the carrying out of teaching, research and extension activities, associated and organically linked to the pedagogical project of the program for which it is intended.

Thus designed, this program aims to constitute a field of learning about these issues, from the problematization of concrete situations experienced in higher education and, in this way, to enhance and improve the performance of professionals who dedicate themselves or intend to dedicate themselves to teaching in public and private higher education institutions.

In addition to the objective of the program, the production of legal knowledge is contextualized through its methods of critical reasoning in relation to its ethical and political aspects of the knowledge that it produces. Prioritizing the production of knowledge aimed at the search for emancipatory possibilities of social groups and individuals.

STRUCTURE OF THE PROGRAM

por Leonardo Oliveira de Almeida publicado 08/05/2018 15h28, última modificação 08/05/2018 15h29

Areas of Concentration

 

Collective and Diffuse Fundamental Rights

The higher Progams of the Methodist University of Piracicaba are inserted in the Academic Policy of the University. This policy guides the institution's project in its three dimensions, namely teaching, research and extension. The Academic Policy traces for any activity within the university an ethical dimension, in the sense of posture, of praxis: "the construction of citizenship as a collective patrimony of civil society". Being a permanent, historical construction, in the broadest sense of the word, the construction of citizenship is a "utopia to be installed in the universe of Unimep and in the relationship with society as a whole". For the insertion of any project to be designed within the university, one must take into account the whole of society and the university as an institution.

Today, we are facing economic, social, political and cultural phenomena that shake the right conceived in the context of the consolidation of the modern state. Globalization has become a paradigm of thought, and has created, among other phenomena, business networks of production and service provision, in addition to cultural networks, whose greatest expression is the Internet. Creating and, at the same time, using information technology, it allows, in an articulated way, research that promises advances, such as biotechnology and medicine, as well as the articulation of a global society radically different from the modern society enclosed at the national level. It allows, finally, the construction of a culture, in which, for the subject, the horizon is the world. On the other hand, once institutions that serve as a reference based on authority, such as the state, the patriarchal family and the company, are checked, there is a danger of the replacement of the disciplinary society by the control society, in which knowledge is a key piece in which there is the complicity between controller and controlled in the exercise of global domination by global actors in strategic situations of command in the political and economic networks that are articulated.

On the other hand, our legal world is based on modern law, based on the rationality of the subject, individual and collective, which gives the norms of behavior within the limits of society articulated by the national state. Freedom, equality, human dignity, concepts that underpin citizenship, are seen and guaranteed by the constitutions that still fit in this modern traditional political context. Human rights, inscribed on the bourgeois and workers' revolutionary flags, have become a fundamental right in the most diverse countries. The identification of the law with the State, however, allows the crisis of the State, caused by globalization, also affects the law. It is up to the State to return to its role of guaranteeing security alone, not to be a vector of progress aimed at social inclusion, to be a manager of economic competitiveness in the global market and the social demands arising from the social effects of globalization.

In this scenario, the right, consequently, is faced with fissures in its modern conception. On the one hand, there is a global private law, articulated by global business networks and based on a real lex mercatoria capable of building outside national, regional and international public bodies. A right based on the contract, an object of private international law that takes on business, labor, consumer, technological, family and environmental dimensions, is worthy of importance. On the other hand, we are faced with global phenomena that affect our culture and our subjectivity, such as the degradation of the environment and the advances of research in the field of biology and medicine that both frighten and promise and, in Right can not shut up. Positivated as fundamental rights, human rights, go from positive guarantees in the constitutions to be utopian legal horizon of humanity. The question is who, in the face of this, are the new subjects of law, what are the foundations of a global law and a regional and local law inserted in that context.

The fundamental rights, human rights positived in the constitutions and, therefore, threatened by the transformations through which the State passes, return to being fields of resistance and of political and social transformations in the globalization. It is therefore important to turn the study focus to collective and diffuse fundamental rights. Thus, the study of collective fundamental rights leads to the question of the rearticulation of citizenship from groups, public and private social organizations, local, regional, national and global. Faced with the problems posed by globalization, it will be necessary to review the separation of a market-centered right and an "other" right centered on citizenship, cultural and social values. On the other hand, it will also be necessary to review the classical separation of law between public and private, since, for a long time, public and private actors have dealt with citizenship. Companies establish policies and negotiate standards by committing themselves to safeguarding the fundamental rights of their workers, respecting the fundamental rights of consumers and protecting the natural and cultural heritage of mankind. Trade unions, environmental protection organizations, gender equality movements, to name a few organizations, act before the State, international public organizations and before transnational corporations, in isolation or articulated in global networks for the defense of interests Collective and diffuse.

RESEARCH LINES

por Leonardo Oliveira de Almeida publicado 08/05/2018 15h28, última modificação 08/05/2018 15h29

Protection of Collective and Diffuse Fundamental Rights in Contemporaneity

Fundamental rights, in the contemporary world, are linked to the contents recognized as human rights. However, the preponderant understanding is one that treats human rights as a legacy of jusnaturalism, which once subordinated to Positive Law has received great attention from social constitutionalism. The present challenge, therefore, is to clothe such institutes with broad content and achieve full effectiveness without being lost in total subjectivity. In order to do so, it is necessary to be clear that it is in the Democratic State of Law that it has the role of guarantor of these rights, in which the foundations and epistemology of collective and diffuse fundamental rights are found in any of its meanings, environment, labor relations , The integration of markets, international relations, in a society based on permanent principles of struggle and dialectical transaction, prevailing in contemporary society.

 

Rationale of Collective and Diffuse Rights

In the nineteenth century, the Constitutional State established itself as a Liberal State of Law, based on abstract individual rights, without interventionism in the economic and social order. In the twentieth century, the ineffectiveness of these rights resulted in the interventionist Social State of Law, practicing economic, social and cultural rights, but still relatively individualistic. What generated the need to expand these rights in order to protect collectively increasingly social categories, until reaching collective and diffuse rights, reaching society in macro-categories as well as the whole. Thus, on the threshold of the 21st century, collective and diffuse rights expand and are justified by the need of all society, starting with the State itself, to plan the Constitutional State as a Social and Democratic State of Law.