Digital Welfare State and Human Development in the Technological Society

Coordinator: Prof. Dr. Emerson Gabardo

Period: 2020 - current

Abstract: This research project investigates the assumptions for implementing Digital Regulation in Brazil. Its theoretical framework is the promotion of studies on structural issues such as: Rule of Law, Welfare State, democracy and fundamental rights in the digital environment and Society 5.0. It adopts as a presupposition the understanding of the ecosystem of new technologies with a view to human development and the values ​​of the Welfare State. It also aims to carry out research through the analysis of laws, administrative acts and court decisions that deal with the topic of Digital Law, selecting and cataloging the norms related to the matter. It seeks to analyze the different forms of regulation of Digital Public Administration, through comparative studies and critical analyzes regarding the possible social setbacks inherent to global technological evolution. It adopts as a presupposition the need to make the traditional Law compatible with the decisions taken by algorithms. One of its scopes is to study and propose better models of Public Policies in the digital environment, which are in line with the Welfare State originally provided for in the Constitution of the Republic of 1988. Considering such lines of research, transversal to the theme of development, of public policies and Digital Law, the keywords that best define the scope of the project involve dealing with themes such as: access to information, Big Data, Blockchain, Smart Cities, Smart Contracts, Cybercrimes, Digital Democracy, Right to Privacy, Fundamental Rights, E-business, Digital Economy, Digital Education, Administrative Efficiency, E-Government, Ethics, Fake News, Globalization, Digital Inclusion, Infrastructure, Innovation, Artificial Intelligence, Public Interest, Internet, Internet of Things, Jurimetrics, Lawfare, New Technologies, Digital Profiling, Multimedia Research, Electronic Administrative Process, Data Protection, Administrative Regulation , Economic Regulation, Risk, Public Services, Information Systems, Information Society, Government Transparency, and Telecommunications.

Inclusion of user satisfaction as a component of compliance programs in state-owned utilities

Coordinator: Prof. Dr. Emerson Gabardo

Period: 2018 - 2020

Funding: Copel – Companhia Paranaense de Energia Elétrica

Abstract: This is a research and technological development project that studies two fundamental themes for state-owned companies providing public utilities in Brazil: users' rights and integrity programs. The investigation aims to integrate the regulatory system in this area from the new regulations arising from the Corporate Anti-Corruption Law (and its regulations), the new State-owned Law and the Public Service User Protection Law.

Impact of the decisions of the Inter-American Court of Human Rights in the Brazilian Public Administration: an analysis of specific cases

Coordinator: Prof. Dr. Daniel Wunder Hachem

Period: 2016 - 2021

Funding: CNPq (Chamada Universal 2016)

Abstract: The research proposal to be developed in the framework of the NUPED-Center for Research on Public Policy and Human Rights of the PPGD-PUCPR is the concrete analysis of the impacts of the decisions of the Inter-American Court of Human Rights in the performance of the Brazilian Public Administration through case studies, and the search is driven by the following questions: does the Brazilian State comply with the decisions and follows the recommendations of the Court? In case of non-compliance, which have been the legal and social consequences of non-compliance with decisions and recommendations and what are the administrative instruments to give efficacy to such decisions? The rules laid down in Articles 1 and 2 of the Pact of San José of Costa Rica oblige the signatory States to implement human rights through "such legislative or other measures as may be necessary to give effect to those rights or freedoms", and obviously this implies implementing the decisions of the Court, especially because the problem of the validity and effectiveness of human rights in accordance to the Administrative Law is urgent today regarding the authoritarian profile that this legal branch still has in Brazil. The research project aims, therefore, to realize an analysis of concrete cases in which the Brazilian public administration was required to comply with an obligation to do or not do by the Inter-American Court and observe from that which is the relationship that hangs in practice between the Government and the decisions of the Court and what is the relationship that effectively should hang. Three (3) particular cases were initially selected, in which it was imposed an obligation to Public Administration (which have relation with some institutes of Administrative Law), and they will be studied during the proposed research. They are: (i) Case of Ximenes Lopes; (ii) Case of Garibaldi; and (iii) Case of Belo Monte. In the first two cases, Brazil has been condemned by the Inter-American Court and is currently in compliance with judgment supervision stage. That is, although sentenced for at least six (6) years in these three cases, in those parts of the sentences that require some actuation of the Brazilian public administration there is still resistance to comply with the decision.

State and Private Initiative in Sustainable Optimization of Infrastructure

Coordinator: Prof. Dr. Luiz Alberto Blanchet

Period: 2014 - current

Abstract: The project aims to assess the current situation of infrastructure in Brazil, in relation to the most important productive sectors and, by studying the legal instruments appropriate to each kind of problem, the study will seek to discern the factors and point out the legally available and admissible methods and criteria for the optimization of the infrastructure. To achieve this goal, three factors will be preponderant: the identification of the current reality of the country's infrastructure, with special attention to its deficiencies; the interpretation of the normative basis which, together with the specific needs of each sector, will point out the determining criteria of the percentage that each sector, public and private, is responsible for in infrastructure optimization actions; and making available, through publications, events and other means, the results of the studies in order to achieve the main desired objective, which is the effective practical utility.

Constitutional Foundations for a Rule of Law Focused on Happiness and Development: historical, ethical-institutional, and administrative efficiency aspects

Coordinator: Prof. Dr. Emerson Gabardo

Period: 2013 - 2021

Abstract: The project is part of the NUPED - Center for Research in Public Policies and Human Development of the PPGD at PUCPR, a research group linked to the CNPq directory. One of the most interesting objects of Economic Law today is the issue of meeting social needs through the State. In this context of lack of solutions beyond the Welfare State model, as well as the recurring limitation of resources, the evaluative analysis of the quantitative and qualitative conditions of state intervention in Brazil, whether in the Executive, Legislative or Judiciary Power is absolutely relevant. Furthermore, it is necessary to investigate whether the typical principles of the rule of law established by the Federal Constitution of 1988 can really be adequate for the establishment of a developmental project through the social state model (whose aim is the happiness of society). Thus, this project seeks to reflect on the different aspects of state intervention in private life, having as its starting point vertical research on the legitimacy of the determinants of interventional public policies in the private sphere in legal, economic, and social terms. Furthermore, it assumes that the analysis of different models of administrative management applied to the three powers of the federation from the constitutional foundations of Public Law and Democratic Theory is pertinent to the theme. All this under the methodological background of an interdisciplinary vision. In order to reflect on the indicated theme, the project studies the foundations and constitutional principles of Public Administration, from the dichotomy between ethics and efficiency, always bearing in mind that Administrative Law is intertwined with Constitutional Law and with the Theory of State.

Efficiency of the Higher Education in Brazil: quantitative and qualitative analysis of the law and institutional, pedagogical, and infrastructural public policies in the sector

Coordinator: Prof. Dr. Emerson Gabardo

Period: 2013 - 2021

Abstract: The project is part of the NUPED - Center for Research in Public Policies and Human Development of the PPGD at PUCPR, a research group linked to the CNPq directory. The project aims to analyze the public service of higher education in Brazil from the implications of the constitutional principle of administrative efficiency. Its specific objectives are: 1. To carry out an evaluative verification of the quantitative and qualitative conditions of public educational policies in Brazil and their administrative management mechanisms; 2. Investigate the foundations, history and efficiency of the legal system of the public service of higher education in Brazil; 3. Reflect on pedagogical public policies, their legal adequacy and efficiency in the context of the country's current developmental project; and 4. Research on the impact of higher education as a public good that is part of the national infrastructure.

State efficiency mechanisms for development: between public interest and subsidiarity

Coordinator: Prof. Dr. Emerson Gabardo

Period: 2011 - 2014

Abstract: The research consists of an analysis of the efficiency conditions of the Brazilian public space, suggesting that it is inserted in a legal context that makes it difficult to carry out a developmental project. In this environment, it is necessary to study issues related to political legal interference in the sphere of private relations - especially those of an economic nature. In this area, the fundamental scope of the project is limited, which investigates the legal mechanisms for promoting the public interest, starting from a skeptical premise in relation to the criterion of subsidiarity, that is, critical in relation to the transfer of responsibility for the execution of services private and non-private publics of the State to society. Among the specific objectives, it is possible to highlight: a) the study of the public space in Brazil, in order to verify the realization of its democratic condition as a prerequisite for the very concept of development used in the research; b) the criticism of the emerging pattern of state social intervention, based on political centralization and executive decentralization of economic activities - and on the other hand, sometimes not promoting adequate regulation in important areas of the market; c) conducting a research in the scientific literature on the legal categorization of social services, making a dogmatic-constitutional analysis of the problems of abandoning the typically administrative legal regime.