MESTRADO EM DIREITO NEGOCIAL

 LINE OF RESEARCH

 

NEGOTIABLE RELATIONS IN PRIVATE LAW

 For the research line "Business Relations in Private Law", its consider the important innovations brought by the Civil Code of 2002, especially the principiological vision aimed at guiding the private relations objectivized, in the contemporaneity, as complex: 1) ethics, so as to face the difficulties of traditional legal formalism, considering the human being as a primary source of coexistence, in which constitutional values ​​can be realized. The current private juridical regime prescribes equity, dignity of the human person, objective good faith, fairness social equilibrium between the parties, among other important principles, (2) sociability, with the valorization of social and transindividual achievements, removing the individualist character of the Civil Code of 1916 and extolling the social function of material or intangible heritage and private conduct of natural or juridical persons; 3) operability, which, through clauses broadened the legal limits of judicial interpretation. This possibility meets the criticism of society that notes the gap between the positivation and the action of the inaugural legislator before the dynamics of life. Based on these general principles of the private legal regime, the legal activities governed by its general provisions, provided for in the Civil Code, are focused on, besides those called special laws that specifically regulate the different circumstances of legal business, such as a wide range of contemporary contracts. The researches in this line have space for study of the denominated Contracts of Private Law of the Public Administration. In any of the aspects that this academic clipping will take place, it will certainly contribute to the fulfillment of the fundamental objectives of the Brazilian State, established in articles 1 to 5 of the current Constitution.


 

BUSINESS RELATIONS IN PRIVATE LAW

For the research line "Business Relations in Private Law", we must consider the innovations indicated in the Civil Code of 2002, especially the vision of the principles, aimed at orienting private relations in contemporary times, in a unique way in a complex way: 1) Ethical Principles, to face the difficulties of the traditional legal formalism, considering the human being as primary source of coexistence, exercising and applying the constitutional values. The current private legal regime gives prestige to the equity, dignity of the human person, objective good faith, just cause, economic balance between the parties, and other important principles; 2) Sociability, with the valorization of social and transindividual achievements, moving away the individualistic character of the Civil Code of 1916 and enhancing the social function of heritage (material or intangible), and the private conduct of natural or legal persons; 3) Operability, Where, through the general clauses, the legal limits of judicial interpretation are extended.

This possibility attacks the criticism of the company, which notes the decomposition of its general provisions, provided for in the Civil Code, about those so-called special laws that specifically regulate the different circumstances of legal business, such as a varied range of contracts contemporaries. The investigations in this line have space for studies of the denominated contracts of Private Law of the Public Administration. In any of the aspects that this academic section does, it will certainly contribute to the achievement of the fundamental objectives of the Brazilian State, provided in articles 1 to 5 of the current Constitution.


 

ACCESS TO JUSTICE, RELATING TO THE SOLUTION OF CONFLICTS, ATINENT TO PUBLIC AND PRIVATE LEGAL BUSINESS, INVOLVING INDIVIDUAL AND TRANSINDIVIDUAL INTERESTS.

For the line of research "Access to justice, concerning the resolution of conflicts concerning public and private legal affairs, involving individual and transindividual interests", it should be considered that the affectivity of individual, social and transindividual rights will be achieved through constitutional guarantees of access to justice, due to the legal process and other important principles that structure the judicial process. It is in this legal space and time that the State must fulfill its jurisdictional attributions to interpret the Law and to produce the legal norms of the subjects that seek this tutelage. It is the maximum punctuation of law, because, through state sanction and coercion, the human conduct (s) desired by the legal order is determined. It is possibly the phase of greater complexity before the phenomenon of the positivism of the Right, that began with the Constitution, crossed the whole legislative process (article 59 of the Constitution) and must reach the quotidian. For this very important task, it requires the understanding of the complex human reality, the knowledge of the Positive Right and the sensitivity to apprehend values ​​and enable their coexistence.

Given this traditional path of judicial protection, the Brazilian legal system makes it possible to harmonize social conflicts through extrajudicial means of resolving conflicts, such as mediation and arbitration. These alternatives and the most recent alterations of the Brazilian Civil Procedure Code contribute to attending to the fundamental right to the reasonable duration of the process. This principle must be compatible with the postulate of legal certainty that is realized when all other principles that govern the process can coexist in the exercise of legal and jurisdictional protection. For this, special emphasis must be placed on instrumentality, which calls for the application of the principle of adequacy or adequacy, always in search of the effectiveness of the process that is performed when it reaches its goal, in this line of defense of rights in private and public legal business to individual and transindividual interests.


 

CONTEMPORARY STATE: INTERNATIONAL BUSINESS AND RELATIONSHIPS RELATIONS

For the line of research: "Contemporary State: Business Relations and International Relations", it must be considered that in the economic relations governed by economic rationality (efficiency and profit) the intervention of the State in legal business has limits defined by the general principles of the economic activity, indicated, especially, in article 170 of the Constitution. The legal values ​​and norms that make up this legal regime enhance the social function of economic activities, that is, guarantee the right to free initiative, provided that human work, free competition, environment, consumer, development of the Federation society in a balanced way, the paths to full employment and the promotion of small enterprises. It is a legal regime that seeks to protect individual rights and, likewise, to reconcile social and transindividual rights, with the objective of building a development not only economic but also socioeconomic. The interpretation of this legal-economic regime confirms the constitutionality of the State's presence, intervening in defense of the internal market which, under the terms of article 219 of the constitutional text, is considered a national patrimony and will be encouraged to enable cultural and socio-economic development , The well-being of the population and the technological autonomy of the country. In this context, based on these parameters is that national sovereignty may be the focus of research. Thus international treaties and conventions with economic content, which are going to establish public and private legal business, allowing greater regional and international integration, have as limit the legal regime mentioned above. From these constitutional references, governments have competence to intervene in and on the economic domain by means of regulation, control, incentive and planning, in the terms of article 174 of the 1988 Constitution.

© 2007 Universidade Estadual de Londrina
Rodovia Celso Garcia Cid | Pr 445 Km 380 | Campus Universitário
Cx. Postal 6001 | CEP 86051-990 | Londrina - PR
Fone: (43) 3371-4000 | Fax: (43)3328-4440
e-mail: mestrados@uel.br