Curricular Structure

Total of credits: 32 - Subjects: 24 - Dissertation: 8 (2 for qualification and 6 for dissertation)

COMMON CORE (8 credits)

  • Methodology of Research (2 credits)
    Course summary: Study of epistemological and methodological assumptions of research. Contextualization of juridical research in an interdisciplinary perspective. Instrumentalisation for planning, execution, presentation and defense of juridical research.
  • General Theory of Environmental Law (2 credits)
    Course summary: To provide a basic analytical- juridical reference to understand global ecologic disorder as a symptom of a civilization crisis, and consequently, the role of theory and practice in Environmental Law, and of environmentalism as emergence of vital-historic movement of humanity, directed to build and found systems of values, institutions and social and political behaviors that are compatible with sustainability of society and nature.
  • Constitution and Environment (2 credits)
    Course summary: Study of the constitutional concept of environment. Dogmatic-analytical interpretation of fundamental right to an ecologically balanced environment: normative structure, subjective and objective dimensions, legal framework, link of Public and Private Powers, restrictions, principle of proportionality, prohibition of reversal and prohibition of non-sufficiency. Discussion about theoretical conscience, in light of a constitutionally adequate theory, of categories such as "Ecological Constitutional Rule", "Environmental Rule of Law" e "Socioenvironmental Rule of Law". Study of articulations among constitutional principles of dignity of personal dignity, solidarity, and protection of environment.
  • Environmental Process (2 credits)
    Course summary: Critic to the individualistic matrix of the process. Typology of collectively protected rights. Analysis of instruments for environment protection: civil inquiry, in pre-process phase, public civil action, popular action, writ of mandamus. Sentence Efficiencies and Environmental Law. Environmental Tutelage in the field of individual actions. Processual principles applied to environment. Active and passive legitimacy in environmental actions. Resources. Sentence compliance. Constitutionality control. Mandamentalisation of condemnation.

ELECTIVE CORE (16 credits)

  • International Environmental Law (2 credits)
    Course summary: Protection of environmental good is the great task of the globalized world. The new century is marked by the challenge of sustainable development, building economic and social growth, from natural resources available without undermining future generation needs. Concern with environmental protection gave place to positive agreements between States, with the aim of promoting conservation and preservation of environment, fostering the creation of International Environmental Law. Laws of States do not seem enough to protect environment. Cooperation among countries is necessary, and International Environmental Law appears as one of the possibilities, which is able to discipline rights and obligations of States and international government organizations, as well as those of individuals in defense of the environment.
  • Theory of Decision, Jurisdiction and Environmental Law (2 credits)
    Course summary: Analysis of environment in post-modern times, approaching theories that search to conceptualize the period. To identify, from an environmental perspective, the locus of the State's crisis and the process of standardization do law. The influence of Roman-Christian law in the contemporary process. Critics to the rationalist matrix of the Process. To examine contributions and trials of importation of the common law model. Power of decision and res judicata. Pan principles, Process and Environment. Based on the theories of capacity of deciding (decidibilidade), to establish critics and contributions to the main environmental problems in the juridical and political spheres.
  • Law and Water Resources (2 credits)
    Course summary: Crisis of water: causes, consequences and forms of facing it. Foundations of National Policy of Water Resources (PNRH). Publication of water ownership. Instruments of the National Policy for Water Resources. National System of Managing Water Resources (SNGRH).
  • Environmental Criminal Law (2 credits)
    Course summary: Environmental protection in the field of Criminal Law. Environmental juridical criminal good? Relationships between Environmental Criminal Law and Administrative Law. Crimes and contraventions against natural resources and environment. Crime of protection to flora, fauna and pets. Collective security and crimes of catastrophic risk. Environmental Criminal Processual Guardianship.
  • Environmental Administrative Law (2 credits)
    Course summary: Applicable principles to Public Administration and Environmental Law. Environmental Administrative Process. Administrative organization, environmental management and Law. The power of police on State. Responsibility for environmental damage and Public Administration. Municipalities and sectorial aspects of environment. Administrative instruments for environmental management. Analysis of structure and organization of Administration for environment. Description of environmental system and of coverage of public action in environment and licensing. Administrative procedure. Guiding principles of licensing.
  • Law and Energy (2 credits)
    Course summary: Environment and Energy. Environmental risks in the use of energetic matrixes. Oil. Biofuels. Generation of Clean Energy. Legal Framework and Energy. Renewable energies. Climatic changes and energetic management. Wind energy.
  • Theory of Law (2 credits)
    Course summary: Theory of legal norm. Sociologism. Justification and argumentation in Law. Classical legal schools. Autopoiesis. Open structure of norm in law. Law and language. Theoretical common sense. Norm, Power and Democracy. Discussion of theoretical potentialities, which explain concepts of paradox and risk or environmental issue in light of the theory of the juridical norm.
  • Environment and public Policies (2 credits)
    Course Summary: Critical study of national system of environment and instruments of the national policy of environment. Discussion, in light of constitutional law and administrative law, about the most relevant themes and problems about formulation, implementation and social and juridical control of environmental public policies.
  • Economy and Environment (2 credits)
    Course summary: Economic theories. Study of articulations and interconnections between environment and economy. Interpretation of content, outreach and implications of defense to environment as constitutional principle of economic activity. Analysis of conditions, possibilities and limits to the use of law as a means of alignment between economic development and environmental preservation.
  • Environmental Urbanistic Law (2 credits)
    Course summary: Identification and analysis of principles and normative objectives that regulate urban occupation. Study of urbanistic laws of ground and of instruments of urbanistic action/intervention in the perspective of environment preservation. Discussion about the legal concept of social and environmentally sustainable city.
  • Environmental Ethics (2 credits)
    Course summary: Study of ethical discussions about the growing development of modern technologies that act directly on man and environment. The ethical reflection involving behaviors, values and attitudes related to nature is deepened to ensure protection to biodiversity and to quality of life on the planet.
  • Socioenvironmental Function of Property (2 credits)
    Course summary: Study of the concept of function in law and of subjective and objective dimensions of fundamental right to property. Analysis of interpretations about the sense of the social function of property and of content and outreach of socioenvironmental function of property in Brazilian Law.
  • Ecology (2 credits)
    Course summary: Study of characteristics of biosphere and ecosystems with their biotic and abiotic components, highlighting biodiversity and natural resources. Discussion about insertion of man in nature, as well as the anthropic action on it and the main decurrently effects from this action. Analysis of reception by environmental law of knowledge of Science and nature.
  • Environment and Consumption Relationships (2 credits)
    Course summary: Study of connections and interfaces between environment and consumption relationships. Analysis of reflections of society of consumption on environment. Study of stricto sensu and diffuse collective rights in the consumption approach and in civil responsibility in the relationship of consumption and its extension to the environment. Advertising and environment.
  • Environmental Civil Responsibility (2 credits)
    Course summary: Exam of the concept of environmental damage: from individual to collective extra patrimony. Characterization of environmental damage, as well as social responsibility for environmental damages, both subjective and objective, contractual and extra contractual. Analysis of imputation of damages, as assessment of environmental damage, and the ways of repair, recomposition and recovery of environment as juridical protected good.
  • Environment and Human Emancipation (2 credits)
    Course summary: Marxist theoretical-methodological references. Historic development and contextualization. Marxist methodology in present days as interpretation of social reality. Capitalist society as background of law. Marxist theoretical-conceptual instrumentalisation and its main categories. Relationships between man and nature. Human rights and human emancipation. Socioenvironmental issues in constitutionalism. Latin-American reality. The principle of "bien vivir" (sumak kawsay). The urban environment and its defining elements. New sociopolitical actors in urban environment. New urban rights of citizenship. The fight for right to adequate housing. Contribution of empirical research to comprehension of right as a process.
  • Environmental Justice
    Course summary: Contemporary theories of justice (equalities, redistribution and recognition). Dichotomy man/nature: instrumental reason and nature as a moral source (nature subject/nature object). Democratization of environmental issues: distribution of risks and environmental goods. Socioenvironmental inequalities. The fight for environmental justice: historic development (environmental racism and environmental movements).
  • Political Ecology
    Course summary: Nuclear themes of political ecology. Ecological critic of politic, economic and cultural foundations of contemporary societies. Actors and geopolitical conflicts over ecologic patrimony. Politic-ideological movements and discourses about environmental crisis. Privatization and social reappropriation of common goods. Articulation between scientific knowledge and politics in democracy. Critic panorama of environmental public policies in Brazil.
  • Special topics in Environmental Law (2 credits)
    Course summary: Subject of variable content. The objective is to give opportunity to study emergent and/or cyclical themes, which are specific of the field of Environmental Law not considered in course summaries nor in the program contents of other subjects.
  • Special Topics in Environmental Law II (2 credits)
    Course summary: Subject of variable content. The objective is to give opportunity to study emergent and/or cyclical themes, which are specific of the field of Environmental Law not considered in course summaries nor in the program contents of other subjects.

QUALIFICATION OF DISSERTATION (2 credits)


DEFENSE OF DISSERTATION (6 credits)


COMPLEMENTARY ACTIVITIES (240 hours)

Complementary activities are compulsory requirement to dissertation delivery; they are part of the Curricular Structure of Program of Stricto Sensu Postgraduation in Law (Academic Master) and must be done in accordance to Resolution nº 01/2016.