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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.