Por uma educação jurídica: compreendendo a concepção de educação subjacente ao modelo de formação dos bacharéis em Direito conformado no Brasil

Abstract

The situations of interest that have driven the research are connected with the insufficiency of the current model of formation of Brazilian law graduates. The general objective is to understand if - justifying why - the notion of education that lies within the current model of academic formation of Brazilian law graduates hinders the promotion of a legal education in the sense of forming not only a legal operator but also a jurist. In addition to this general objective, the research assumed as specific objectives: i) to analyze how the current model of legal education has been shaped over time, considering its insertion in the framework of higher education and its curricular structure; ii) to understand how the academic formative model in Brazil is perceived by professors and managers of Law courses, identifying the main features of this formative model; iii) to apprehend the underlying conception of education in the formative model of law graduates in Brazil, through the analysis of particular conceptions of different actors involved in the educational processes; iv) to reflect on the conception of education apprehended, identifying to what extent it enhances or prevents the promotion of education in the light of Peters' theory (1963, 1966, 1967). The research had as starting point the conception of social constructivism and was characterized as a fieldwork, whose approach was substantially qualitative (CRESWELL, 2010). Qualitative data were collected through interview with ten professors and managers of Law courses at the three Universities located in the city of Porto Alegre. The data were analyzed using the discursive textual analysis methodology (MORAES; GALIAZZI, 2013), and the results showed that, although the conception of education shared by the interviewees can be sufficiently rich and able to promote legal education, fundamental aspects related with educational processes, the actors of the processes and their ends are neglected in the educational practice, which determines the insufficiency of the academic formation model currently conformed in Brazil.