Banca de QUALIFICAÇÃO: Diego Pereira

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Diego Pereira
DATE: 30/06/2023
TIME: 15:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO
TITLE:

 "The (riskY) legal contribution to the crisis of the century through climate constitutionalism".

KEY WORDS:

Climate emergency; climate constitutionalism; climate justice; inclusion of rights

PAGES: 40
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This doctoral thesis has as an object of study the contribution of the Science of Law in the resolution of Climate Emergencies. How can the law effectively contribute to reducing the consequences of the 1 climate crisisthat affectsthe most varied forms of life on Earth? Thisisthe central problem question of thisstudy. This question will lead to other specific questions that reveal the research path carried out, namely: a) to demonstrate the state of the art involving the climate issue and its relation with the law; b) bring the necessary literature review on central and adjacent themes related to the connection between law and climate; c) use methodological criticism as a starting point for the legal-sociological aspect when analyzing the legal environment in a larger context (social, legal, political and economic);d) explain the methodology used in legal argumentation, with data collection, case studies, comparison between different theories, and, the suggestion of new theoretical procedures as a contribution from the field of law; e) make use of the deductive method based on the analysis of the use of climate justice as a procedure and/or content in claiming rights in the environmental/climate field; f) highlight the markers of inequality that result in climate injustice; g) recognize legal limitations in solving complex problems; h) point out the proposition of a climate rule of law – with constitutional density – as a path, a possibility, a contributory tool for a complex problem present within humanity. Can the law contribute to the climate crisis? If not, for what reason? If so, in what way? Thisthesisintendsto make a critical review of how law can be an element to affirm or deny justice in the context of environmental/climate issues. Questioning the way that the law proposes its method, its results, and interferences culminates in the very idea of epistemology, so that it is unfeasible, in a doctoral thesis, just to question whether the law can contribute to the solution of a larger problem, such as the climate crisis. It is necessary to question how the law itself produces science in this field.

BANKING MEMBERS:
Interna - 1977750 - CARINA COSTA DE OLIVEIRA
Presidente - 1905321 - GUILHERME SCOTTI RODRIGUES
Externa ao Programa - 1122706 - MERCEDES MARIA DA CUNHA BUSTAMANTE
Externo à Instituição - RODRIGO PORTELA GOMES - IDP