A (re) construção do saber jurídico: transformações no ensino do direito brasileiro

Abstract

The graduation of future bacharels in Law does not agree with the complex and constant reality that one portrays, reasons for worries and lucubration for the issue. Since the settlement of the first Law Brazilian Courses, those were already in presumed “crisis”, which today is still constantly mentioned in descritives approaches of the most varied summoned “signs” that result in renovating curriculums line of directions, which are very much in season, aiming, by that, a satisfying adjustment of the Law teaching concerning the emerging socials conflicts. Even though dealing with crisis and adjustment are necessary, yet more is made pressing the comprehention of the text and social imaginary in which these one inserts. In such case, among the most varied pieces, one intents an epistemology and historical approach about Law knowledge building from the eastern tradition of the Law Teaching, reaching the ancestry of the bacharelada as determinant in our national legal scenery. One has demonstrated the desentail from the educational Greek ideal from dialetic and reflexive constancy and from the Roman ideal of Law as an effective practice and social organization, to come near to the historical appearing of the legal positivist and liberal-individualist modern ideology which have systematize the Law Teaching, standing back from contemporary “human pluralities”. The ransom of this Greek educational ideal and the classical Roman conception of the Law, which become up-to-date for an autonomous upbringing in constant improvement and other for a Law as a science that comes about in the sphere and in the socials and non-formals practices, one makes feasible through a teaching proposal in search of a diverse Pedagogy, which accentuates the need of subjetivities buildings and of the disclosing of racionalities in the making of a legal know suggested by professionals trully emancipated, reciprocal and commited in its social function and with the neliberal and capitalist system in which are inserted. Once acknoleges about, therefore, educators and thinkers of the legal teaching about the existence of an insuficient system and about a permante and necessary builiding of the Law teaching by its transformers agents (educadotors and pupils), making practical the approach of its own subjetivities, built by a body of political, social ideals not merely abstracted and imposted, to the whole magician diffused of the sociolegal universe, for forward of the professionally instrumentality and technique.