ter, 13 outubro 2026 14:42

Unifor professor conducts academic research in Australia

A faculty member from Unifor’s Law program and its graduate program in Law, Professor Humberto Cunha is conducting comparative research on the Brazilian and Australian federal systems at the University of New South Wales (UNSW).

For a period of two months, the University of Fortaleza (Unifor), an institution supported by the Edson Queiroz Foundation, is represented in the international academic sphere by Humberto Cunha, a professor in Unifor’s Law program and its graduate program in Constitutional Law (PPGD). He is currently serving as a Visiting Scholar at the University of New South Wales (UNSW) in Sydney, Australia. 

The core of this experience is the development of a research project titled “Jurisdiction in Matters of Cultural Rights: A Comparative Study of the Federations of Brazil and Australia,” which investigates how both nations, despite their distinct constitutional and legal traditions, structure their respective jurisdictions and policies regarding culture.

During his time at the Australian university, the professor is deepening his studies on federalism, cultural rights, and the division of powers, while also connecting with fellow researchers and gaining firsthand insight into a legal tradition that differs from Brazil’s.

Researching two federal models

The investigation begins by addressing a fundamental difference between the two countries. In Brazil, the Federal Constitution provides a detailed framework for culture, establishing the respective jurisdictions of the Union, the states, the Federal District, and the municipalities. In Australia, by contrast, the Constitution is more concise and is rooted in a common law legal tradition, where the structure of federalism is also shaped by the actions of parliaments, financial relations between the various levels of government, and case law.

It is precisely this contrast that lies at the heart of the research being conducted at UNSW.

“I am interested in understanding how a federation organizes cultural policies when the Constitution itself does not contain a specific, comprehensive blueprint for this domain,” the professor notes.

During his time in Australia, the researcher is carrying out bibliographic and documentary reviews, analyzing constitutional texts and legislation, studying the historical development of both federal systems, and delving into Australian literature on the subject. The research also encompasses an examination of precedents from the High Court of Australia, as well as a comparison between Brazilian legal theory and Australian constitutional doctrine.

In addition to scientific research, the timeline calls for the systematization of the results, the presentation of preliminary findings in an academic setting in Australia, and the preparation of a scientific article.

Law, culture, and distinct legal traditions

This international experience also allows for the expansion of the inquiry into topics such as cultural funding, cultural heritage, the division of powers between the Commonwealth and the Australian states, the role of local governments, and mechanisms for intergovernmental cooperation.

The comparative study further touches upon broader historical and constitutional issues, such as the differences between Portuguese and British colonization, the civil law versus common law traditions, and the constitutional status of Indigenous peoples.

In this context, the Australian experience offers a particularly relevant basis for dialogue with the Brazilian experience, especially regarding discussions involving Aboriginal and Torres Strait Islander peoples, including themes such as recognition, representation, and cultural heritage.

“These are issues that help us understand not only two different Constitutions but also two different ways of legally constructing the State and its relationship with culture,” the professor notes.

International experience also translates into classroom knowledge

For Humberto, one of the key outcomes of this experience will be evident upon his return to academic activities at Unifor. Exposure to a different legal tradition allows him to bring students new perspectives on issues that are also part of Brazilian reality.

“This comparative perspective allows us to present Brazilian law to students not as an isolated reality, but as one of the possible solutions to problems that other societies also face,” he says.

The research conducted in Australia will be incorporated into the studies the professor is already pursuing in the fields of cultural rights theory and cultural federalism. It is expected that the knowledge gained will also contribute to new discussions within academic courses, research groups, and outreach activities.

Rather than simply replicating foreign models, the proposal is to use comparative law as a tool for reflection. “It is not a matter of importing Australian models into Brazil, because the constitutional and historical realities are different. The most important aspect of such comparison is discovering alternatives and understanding why certain institutions function the way they do in specific contexts; from there, we can examine our own solutions in a more critical and creative light,” he explains.

This partnership may expand Unifor’s internationalization

This experience is also being coordinated with Unifor’s International Relations Office (DRI) and may help lay the groundwork for future cooperative initiatives between the institutions.

According to the professor, a Visiting Scholar placement initially has an individual dimension, relating to the development of the research project, but it can also serve as a starting point for more lasting academic relationships.

Interacting with researchers at UNSW makes it possible to identify shared interests, converging lines of inquiry, and potential avenues for cooperation, such as comparative research, joint publications, faculty and student exchanges, and reciprocal participation in academic events.

For Unifor, engaging with an Australian university also broadens the scope of its international partners. The professor notes that, despite the vast geographical distance between Brazil and Australia, the two nations share characteristics that make academic dialogue particularly productive: both are continental-sized countries organized as federations, shaped by colonial histories and the presence of Indigenous peoples, though they have developed distinct legal systems.

“Internationalization is at its most meaningful when it goes beyond mere travel or the signing of agreements; it requires the genuine circulation of people, research, and ideas,” he emphasizes.

Internationalization begins with intellectual curiosity

For Unifor students, the professor highlights that international experiences can transform not only how they perceive other countries, but also how they view their own reality.

According to him, gaining an understanding of another legal system, another university and another culture enables one to realise that similar problems may be addressed in different ways. This perspective is particularly relevant to legal education, as it encourages the ability to question assumptions and analyse institutions critically.

Internationalization, however, does not necessarily begin with a trip. “It begins with intellectual curiosity: learning other languages, reading foreign authors, participating in research groups, following international debates, and seeking to understand traditions different from our own,” he states.

For the professor, international experience enhances this process, but the willingness to cross intellectual boundaries must precede the crossing of geographical borders.