MESTRADO EM DIREITO NEGOCIAL

 BUSINESS LAW MASTER PROGRAM  

CONCENTRATION AREA

 

BUSINESS LAW

We maintain the premise that Law inagural base is the State and that, through their organs, executes their political power. Therefore, the goverments in the performance of their attributions have legitimacy to interfere both in private relations and in those in which the State is placed in a plane of verticality or horizontality in the face of private interests.

For the legitimate execution of the State intervention, preliminary, it must be considered the political and administrative govern structures and the actual fundamental principles of the Brasilian State: Brasil is a Federative Republic, with the objective of experiencing the achievements of a Democratic State of Law, as provided for in articles 1 to 5 of the 1988 Constitution, in which the commitments improve the dignity of the human person, construct a free, fair and united society, eradication of poverty and marginalization, reduction of the social and regional inequalities, prevalence of human rights, Self-determination of the people, Pacific solution of the conflicts, Cooperation  of the humanity. The importance of these references, as ends to be achieved, is fundamental for both governmental and private actions, as they not only positivize the wishes of the Brazilian nation today, but also place Brazil among the sovereign states that are committed to the process of human emancipation in its broad sense. The commitment to the effectiveness of emancipatory processes and experiences is no longer attributed to the State alone.

It must be extended the correct way to responsabilize all the human rights domains. For this challenge, is necessary to advance in the private (individualist) autonomy investigations, when it is collocated in front of social and transindividual rights, what it means, deepen studies in order to point out solutions for greater interaction between public and private interests. This means, superate, deffinitelly, the tradicional dichotomy between public and private law, in two Modern Law pillars. It is true that, in the face of these interests, it delineates its limits, so that the private sphere does not capture public interests, and vice versa, is not an easy task. One way to do this is interdisciplinary knowledge, since it makes it possible to analyze the advances and setbacks of the complex contemporary reality in its social, economic, environmental and technological spheres, among others. Appeal to philosophy, sociology, anthropology, economics, social service, history, political science, genetic engineering, ecology, is fundamental for the interpretation of life. If this is so, interdisciplinary knowledge cant be disregarded by scientists, interpreters and applicators of Positive Law, as it is a sure way to achieve the much desired social effectiveness of Law.

Starting with these considerations is were is inserted the investigation in BUSINESS LAW,  understood as the set of propositions that describe (interpret) the Positive Law in which are the propositions that prescribe permitted, prohibited and obligatory conducts directed to legal business. Under the terms of the Brazilian Civil Code, legal transactions are considered to be species of the Legal Fact genre, where juridical relationships have been linked in which the members have the autonomy to self-regulate their rights and duties in the face of actions or omissions. To this conception of the General Theory of Law, it is necessary to add the studies that deal with this individual freedom (self-regulation) before the intervention of the State that aims to limit it, in view of the parameters of a Democratic State of Right.


 

 

 

CURRICULAR STRUCTURE

 

The program lasts a minimum of 2 (two) academics periods and a 4 (four) academics periods maximum

The student must complete 49 (forty nine) credits, correspondent to 735 (seventy hundred thirty five) hours, distribute as follows:

09 (nine) creedits in compulsory subjects

09 (nine) credits in subjects on the concentration area.

04 (four) credits in complementary subjects.

24 (twenty four) credits in dissertation.

To obtain the Master title, in addition to compliance with regulatory requirements, the student must present and approved the exam of calification and pro-efficiency in a Foreign Languague.

The Scholarship students are required to complete undergraduate teaching during all the scholarship period.


 

2PRI368- Methodology of legal-scientific research 2 cr 30 h

Introduction to the epistemologhical fundaments of legal knowledge. Hermeneutical Theories: Theoretical Parameters of Legal Research. Types and techniques of legal research. Approach, elaboration and development of research projects in Law. Reading, interpretation and textual production in the field of legal research. Writing: Technical and logical-argumentative aspects. Legal Argumentation and Legal Hermeneutics: Basic notions about methodology of discourse and interpretation. Problems and perspectives of the investigation of Law in Brazil.


2PRI 448- Legal Business Theory 2 cr 30 h

Interdisciplinar lectura of the legal business: Plans of existence, validity and efiency. Legal business functions. Public and Private legal business regime. Relation of the private autonomy and the role of good faith. Interpretation and justification of the legal business.


 

2PUB 230- Law and Freedom 2 cr 30 h

The freedom in the antiquity. The freedom in the modernity. Legal business and freedom: The freedom in the legal business between particulars. The freedom in the State legal business. Justice and Freedo

 

2 PUB 381- Law Philosofy 3 cr 45 h

Law Philosofy and why is indispensable on the comtemporany juridic formation.The juridic fenomenon and their multiple perspectives in the XXI century. Law and Democracy. Temas de Axiología Jurídica: derecho y valores. Derecho y Educación Jurídica. Pluralismo Jurídico.

 

2PRI 449- Mediation in the Private Relations 2 cr 30 h

Mediation: Beginning, definition, relationship with other disciplines. Mediation Theory. Mediation reach. Mediator responsabilities. Mediation and its relationship in comparative law.


 

2 PRI 450- Post Modern Contracts 2 cr 30 h

Evolution of the contractual theory. Hermeneutics of contemporary contractual categories. Contractual networks. Biological contracts: Assisted reproduction and storage of umbilical cord blood. Consumer contracts: Collective purchases.

 

2 PRI 451- Critical Theory of Civil Liability

Critical analysis of the theory about civil liability. Injustice of damages. Responsability subjetive, objetive and of risk. The principle of the integral reparation of damages. The civil liability in the comparative law. The new damages. Civil liability in the post modernity.

 

 2 PRI 452- Contratación electrónica de las relaciones civiles y de consumo 2 cr 30h

La formación electrónica de las relaciones privadas, civiles y de consumo. Peculiaridades y problemas del ambiente digital. Tratamiento de los datos. Documento electrónico. Responsabilidad civil por incumplimiento contractual. Régimen jurídico aplicable.


 

2 PRI 452 - Electronic Contracts between civil and consumer relations 2 cr 30h

Electronic, private, civil and consumer relations. Peculiarities and problems of the digital environment. Treatment of the data. Electronic document. Civil liability for breach of contract. Applicable legal regime.

 

2 PRI 453- Contemporary compulsory relations 3 cr 45 h

 

Obligations: Re-reading in the light of the constitution. Principles. Repersonalization. Theory of payment. Favor debitoris. Delays and substantial compliance.

 

 

2 PUB 382- Advanced topics in urgent tutelage 3 cr 30 h

Analysis of current topics and discussions on urgent protection and guardianship, its concept, definition, hypothesis, species, procedures, defense and extinction. Use of urgent protection in the resolution of conflicts involving legal business.

 

2 PUB 383- Advanced Topics in Cognitive Guardianship 2 cr 30 h

Analysis of current issues and discussions on cognitive protection: current perspectives on procedural action. Process and procedure: Critical analysis against procedural syncretism. Anticipation of guardianship. Judgment. Thought judged and its relativization. Use of cognitive protection in conflict resolution involving legal business. 

 

2 PUB 384- Advanced topics in executive tutelage 2 cr 30 h

 

Analysis of current topics and discussions about executive tutelage, its concept, definition, species, procedures, defense and extinction hypotheses. Use of executive protection in the resolution of conflicts related to legal business.

 

2 PUB 385- Alternative means of conflict resolution 2 cr 30 h

 

State and contemporary society, power and freedom, and alternative mechanisms of conflict resolution. Extrajudicial means and negotiated mechanisms.

 


  2 PUB 386- Jurisdictional Custody Transindividual 2 cr 30 h

Legal protection and jurisdictional protection. Interindividual interests. Legal relationship in interdisciplinary interests. Critical analysis of the actions with request of guardianship of interdisciplinary interests. Thought transindividual. Use of transindividual guardianship in conflict resolution, involving legal business.

  


 2 PUB 387 - Theory of the Contemporary Civil Process 3 cr 45 h

Ontognosiology and procedural law. Law, society, authority and legal protection. Jurisdictional protection. Critical analysis of the concept and legal nature of the process and procedure. The epistemological basis of civil process. Jurisdiction. Cognition. Application and interpretation of procedural rules.

 

  2 PRI 454- The contemporary company and the Brazilian legal regime 2 cr 30 h

The free initiative and economic order of the Federal Constitution. Modalities of the exercise of the business activity. Preservation of the company and competition of creditors. Evolution of commercial contracts and the circulation of credit. The regime of industrial property.

 

 2PUB 388- Environment and sustainable development 2 cr 30 h

The relation between man and nature. The law and economic exploration of natural resources. Local and international legal protection of the environment. Criteria and indicators of sustainable development. Sustainability in urban and rural environmental relations.

 

 2PUB 389- Structural and economic dimensions of international law 2 cr 30 h

Structural aspects of contemporary international law and trends in international relations. Aspects and trends of the international economic order. Contemporary state, the individual and participation in protection in the international sphere.

 

 2 PUB 390- Company, environment, social inclusion and working relationships 2 cr 30 h

Work in law,  sociology,  economics and in philosophy. Labor relations and production relations. Relations of production, legal order and State. Fundamental rights and labor relations. Work environment and production relations. Environmental responsibility, civil liability and company. Responsibility.

 

 2 PUB 391- State intervention on the Economic Domain 3 cr 45 h

Constitutional economic legal regime. The intervention of the State and the Brazilian economic order. Public services and the economic order.

   


2 PRI 203- Seminars on Contemporary Juridical Subjects I 2 cr 30 h

Theme:

Legal Hermeneutics and beacon of judicial discretion in the constitutional perspective.

Abstract:

The composition of the Constitutional State: The Liberal State and the Social State. The interpretation of the constitutional norms in the course of the Liberal State to the Social State. The ius-positivist interpretation of the Constitution and the Interpretation of the principles of the Constitution: theories and its problematic.

 

2 PUB 242- Seminars on Contemporary Juridical Subjects II 2 cr 30 h

Contemporary legal issues in open, to be defined.

 

 2 PUB 392- Economics, Law and Democracy 2 cr 30 h

Interfaces between economy, law and democracy. The transformations in the national states and their institutional reflections. Implications of changes in the relationship between policy and economy in the legal sphere. Power of decision and production of norms. Redefinition of international order.

 

 2 PRI 455- Corporate Social Responsibility and Business Legal 2 cr 30 h

The relevance of Ethics and Social Responsibility, in the context of legal business in contemporary societies. Legal Business, ethics and morals. Critical theory of the company.

 

 2 PRI 441- PRACTICE OF TEACHING I 3 cr 45 h

Participation in the classrooms of Bachelor's degree, training of interns for scientific initiation and other activities related to criteria and follow-up of the Coordinating Committee, supervised by its tutor and with the presence of the teacher responsible for the discipline.

 

 2 PRI 441- PRACTICE OF TEACHING IN CLASS II 3 cr 45 h

Participation in the classrooms of Bachelor's degree, training of interns for scientific initiation and other activities related to criteria and follow-up of the Coordinating Committee, supervised by its tutor and with the presence of the teacher responsible for the discipline.

 

 2 PRI 441- PRACTICE OF TEACHING IN LICENSEE ACADEMIES III 3 cr 45 h

Participation in the classrooms of Bachelor's degree, training of interns for scientific initiation and other activities related to criteria and follow-up of the Coordinating Committee, supervised by its tutor and with the presence of the teacher responsible for the discipline.


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