programa de pós-graduação em direito – mestrado e · pdf...

UNIVERSIDADE DO VALE DO RIO DOS SINOS Unidade Acadêmica de Pesquisa e Pós-Graduação

Programa de Pós-Graduação em Direito – Mestrado e Doutorado

Av. Unisinos, 950 Caixa Postal 275 CEP 93022-000 São Leopoldo Rio Grande do Sul Brasil Fone: 55 51 3590 8148 E-mail: [email protected] http://www.unisinos.br/mestrado-e-doutorado/direito

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IDENTIFICATION

PROGRAM: Graduate Program

DISCIPLINE: Digital Administration

PROFESSOR: Têmis Limberger

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION

The government has changed, due to the new State profile, arising from relationships forged in the

information technology environment. The network society changed state classical elements. The

loss of territory occurred because of the fast flow of information on the World Wide Web.

Traditional controls of administrative acts became insufficient because society today is more

complex. Information technology is a tool that can help the government become more transparent,

some recent laws already address the disclosure of public information on the Internet. Social control

is enhanced by technological innovations, which provide quick access to information and the

production of communication outside the traditional media. In this new context, human rights must

be respected and they represent a limit on relationships that are forged in the computerized society

and on the digital government.

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IDENTIFICATION


DISCIPLINE: Environmental Governance and the Law

PROFESSOR: Délton Winter de Carvalho

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION




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Climate Change poses great challenges to Law and Policy, once this is a global and deterritorialized

phenomenon, while Law holds international and local dimensions. Its effects are felt locally, in

diverse ways in different regions and countries, following vulnerabilities and exposure to

environmental elements, climate and social risks. Among global environmental risks there is an

intensification of extreme weather events, which gave rise to the Disaster Law, whose main feature

is the circle of risk management. To address such problems, there is a necessary overcoming of the

traditional dimensions of Politics and Law, settled in a public-private dichotomy, towards hybrid

structures of Good Governance.

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IDENTIFICATION


DISCIPLINE: Hermeneutics, Law’s Interpretation and Language

PROFESSOR: Lenio Luiz Streck

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION

This seminar provides a discussion of the hermeneutic-interpretative model prevailing in the

Brazilian law, an issue that is connected to various theoretical positions that underlie the

enforcement of law worldwide. To start this analysis, one needs to establish a link between law and

philosophy, that is, between legal theory and philosophical paradigms. In this sense, the linguistic

turn occurred in the field of philosophy in the 20th century brought significant advancement to legal

interpretation, especially with regard to the role of language. However, the regnant legal doctrine in

Brazil did not assimilate these changes and remained linked to the philosophy of consciousness, in

which the language is understood as a third thing between the subject and the object (instrumental

use of language). In the legal field, accepting the premise that the meaning of something is

produced by the subject’s consciousness leads to discretionary judgments, guided by acts of will,

which contradict clashes of the democratic role of the rule of law. Thus, one must prepare a critique




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of traditional legal interpretation, which is done in this seminar, through an immersion in the

theoretical principles of hermeneutics philosophy (Martin Heidegger) and philosophical

hermeneutics (Hans-Georg Gadamer). Hence, under the contributions of the phenomenological-

hermeneutical “method”, this seminar looks to critically review central themes to philosophical and

legal traditions.

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IDENTIFICATION


DISCIPLINE: State, Constitution and Criminal Policy

PROFESSOR: André Luís Callegari

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION

The expansion of Criminal Law and the protection of the new legal assets. The contemporary

criminal policy and the globalization of Criminal Law. The criminal justice system and the

fundamental rights & guarantees. The Brazilian and the international Criminal System and

Constitution. The operating conditions for the construction of the new integrated model in criminal

sciences. The instrumentalization of Criminal Law as safety policy and social control.

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IDENTIFICATION


DISCIPLINE: The Clallenges of the Contemporary Transformations of Private Law

PROFESSOR: Wilson Engelmann

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law




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COURSE DESCRIPTION The phenomenon of Law constitutionalization and the overcoming (?) of the dichotomy between

Public Law and Private Law; the (re)Reading of the Dispositive Fact Theory, introduced by Pontes

de Miranda; Private Law in face of new technologies, namely nanotechnologies; the importance of

personality rights and of contracts in the contemporary scenario of Private Law; the role of Natural

Law in the axiological framework of Private Law after the overcoming of the dichotomous

perspective; the place of Philosophy in Law regarding the construction of creative legal solutions in

the space of technological innovation, strengthened by the dialogue among the Sources of Law; the

economic analysis of Law and its role in the creation of regulatory frameworks.

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IDENTIFICATION


DISCIPLINE: Transformations of the Contemporary State

PROFESSOR: Jose Luis Bolzan de Morais

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION

This seminar discusses the main contemporary trends to understand the political-institutional

phenomenon of the State as well as their contemporary implications and perspectives, considering,

above all, the emergence of new arrangements and new political-legal practices, which, on one

hand, feed readings that point out to the overcoming of this modern model and, on the other hand,

engender themes that intend to point to a rearrangement of state-based models, pointing to their

permanence or restructuration. Nowadays, in this context, the discussion on the crises of the State

will be privileged, as well as that on the redimensioning of the political power, aiming at providing

elements for the understanding of how they affect the modern legal forms and to point out new

limits and possibilities, allowing Ph.D students to understand with new elements what concerns

legal practices, their risks, and consequences. Besides, it is our intention to question the new




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circumstances that are brought about by the undoing of neoliberal “certainties” and their

repercussion for the – possibility of – rebuilding the bases of the State of modernity. We further

intend to confront the new configurations of politics, its spaces, strategies, and repercussions for

and into the legal practices.

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IDENTIFICATION


DISCIPLINE: Metatheory of Fraternal Law in the Comp lex Society

PROFESSOR: Sandra Regina Martini

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION

This Seminar will discuss the Metatheory of Fraternal Law, designed by Italian jurist Eligio Resta.

First, it will try to understand its theoretical grounds, and then, its inclusion into the social-legal

field. In order to do so, the study of social-legal theories and their implications in the contemporary

legal set of dogmas compose the reference point for this Seminar, which, besides setting the limits

and the possibilities of the thought around fraternity in Law, different from a singular anachronous

concept, will reflect about whether it fits the complex society.

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IDENTIFICATION


DISCIPLINE: Law and Ethics: Classic and Contemporary Works

PROFESSOR: Vicente de Paulo Barretto

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law




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COURSE DESCRIPTION

This Seminar intends to critically situate the debate around the theme of human rights and its

rationale, aiming at consolidating, both argumentatively and theoretically, its philosophical bases.

The following themes will be highlighted during this course: The analysis of the historicity of

human rights, their conceptual predecessor in the history of philosophy and law, their articulation

with ethics and moral; multiculturalism and the universality of this category of rights; the statute of

human rights in the context of the contemporary theory of justice.

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IDENTIFICATION


DISCIPLINE: Theory of the Systems and Law

PROFESSOR: Leonel Severo Rocha

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4

THEME AREA : Law

COURSE DESCRIPTION

This Seminar intends to approach the existing different perspectives on Niklas Luhmann’s theory of

autopoietic social systems, including the Introduction to the Theory of Legal Systems, Law as a

Symbolically Generalized Means of Communication, Theory of Systems, Normativism, Mediation,

Social Differentiation and Organization and Decision.

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IDENTIFICATION


DISCIPLINE: Critical Theory of Civil Procedure

PROFESSOR: Darci Guimarães Ribeiro

LEVEL : Ph.D

WORKLOAD : 60 hours

CRÉDITS: 4




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THEME AREA : Law

COURSE DESCRIPTION

Criticism to the modern conception of Law and, in special, criticism to civil procedure, in its

instrumentalist view. Philosophical hermeneutics as a condition of possibility for the due

satisfaction of legal claims and the observance of particularities posed by individual legal claims.

The epistemological formation of civil procedure in a state governed by the rule of Law. Relations

between civil procedure and democracy. The challenges of jurisdiction in the “post-modern”

society.

programa de pós-graduação em direito – mestrado e · pdf...

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