Line 1
New Paradigms, Subjects and Rights
Line Syllabus:
The line of research "New paradigms, subjects and rights" aims to research the hermeneutics and application of private law, the search for concreteness and coherence of its microsystems and the evolution of its categories, institutes and existential legal situations.
Line 1 Research Projects:
1. PRIVATE LAW: EVOLUTION OF ITS CATEGORIES, INSTITUTES AND EXISTENTIAL LEGAL SITUATIONS
Description: Under the influence of social transformations, the Human Rights and Family Law has been reinventing itself, to replace characters by human beings, sheltering the following analytical categories: the human being and his vicissitudes; the person interacting with other people, and the person as a component of the family entity. From the life of the common person, questions often arise that have not yet been resolved by the Law, which, for this very reason, become an object of research.
2. MICROSYSTEMS: COHERENCE AND CONCRETENESS (project in common with line 2)
Description: Civil law develops beyond the Civil Code, adding to its study several fragments of life disciplined by statutes (consumer, intellectual property, etc.). The new legal situations, the new rights and the new subjects give rise to multiple researches, to be carried out through dialogue between the sources (Brazilian Constitution, Civil Code and Microsystems), necessary for the coherence of the legal order in its application and concreteness.
Line 2
Social Function and Economic Function of Legal Institutions
Line Syllabus:
Rereading of legal relations of a patrimonial nature, in a functionalized perspective, in which the social function and economic function of legal institutions are compatible. Study of Private Law taking into account the old and new Law institutes and theories.
Line 2 Research Projects:
1. FUNCTIONALIZATION OF PRIVATE LAW CATEGORIES AND INSTITUTES
Description: Dogmatic science of law reveals the multiple functions of each of the legal institutes and each of the legal categories (pedagogical function, economic function, social function, etc.). The concreteness of law cannot do without any of them. Therefore, scientific research must be guided by the functionality of law, in order to harmonize all functions, without prioritizing some to the detriment of others. An example of the functionalization of the categories and institutes of private law are the transformations in the law of obligations (relaxation of Compulsory duty, migration from "classic" civil law to other fields, widening of the range of civil liability hypotheses).
2. MICRO-SYSTEMS: COHERENCE AND CONCRETENESS (project in common with Line 1)
Description: Civil law develops beyond the Civil Code, adding to its study several fragments of life disciplined by statutes (consumer, intellectual property, etc.). The new legal situations, the new rights and the new subjects give rise to multiple researches, to be carried out through dialogue between the sources (Brazilian Constitution, Civil Code and Microsystems), necessary for the coherence of the legal order in its application and concreteness.
Line 3
Work, Democracy and Effectiveness
Line Syllabus:
The multiple aspects of work: autonomy versus subordination, freedom versus slavery, dignity versus oppression, resistance versus submission. The multiple aspects of democracy: from speech through vote to silence in the company; from the right to come and go to the non-right to command their own gestures. The multiple aspects of the norm: between what is said and done, between promise and debt, between reality and dreams.
Line 3 Research Project:
1. LABOR LAW AND RIGHT TO WORK: MATERIALITY, INSTRUMENTALITY, EFFECTIVENESS
Description: to investigate the relationship between capital and labor throughout history, taking into account, in particular, its discipline by Labor Law; to deepen the study of internal, regional and international Labor Law sources, taking into account the necessary dialogue between them and the debate about their hierarchy; to research the mutations in the nature of human labor and their effects on the workers' health; to proceed the analysis, in the context of the tension between normativity and social reality, of the effectiveness degree of the rights inherent to human labor and of the guarantees aimed at achieving this effectiveness; to deepen studies on the individual, philosophical, political and social dimension of human labor; to critically investigate the risks and possibilities for Labor Law in the future.