A linguagem como trama sistêmica para o ensino jurídico brasileiro

Abstract

It is a thesis in education and has the basic problem of verifying what is desired when teaching law, what is desired with such training, to those who want to be trained in the teaching of law. Such questions were decided to be investigated through reasoning that thought the elaboration of a curriculum for the law course based on the systemic assumptions of Saussure, as well as tensions arising from verifications of the legal epistemology. The scientific merit of the research lies in the possibility of thinking about central themes of legal education - so important for the legal and political life of our country - in the sense of proposing alternatives that result in a contribution to the improvement of legal education in Brazil. The social relevance of the research lies in tackling an issue rooted in Brazilian society today, which is the so-called crisis of law. Such a crisis may be anchored in the crisis of legal education, the reciprocal being true, as verified in the research. Thus, when thinking about legal education, one necessarily thinks about the law. The objective of the research is to evaluate and analyze elements that support a dynamic of legal education, in order to seek subsidies that add more quality to legal courses in Brazil. An epistemological script was prepared to handle the research. There was the construction of a space for conceptions of education, based on Vigotski, and of meaningful learning, with Ausubel. The work brings linguistic conceptions, starting with the foundations of Plato and some of his predecessors on language, up to the main concepts of Saussure. Epistemological conceptions of law are presented, in an analysis of the theories that deal with legal positivism and other schools of legal thought. Legal education is also analyzed, both in its historical aspect and in relation to its operating criteria. There is an emphasis on the legislative analysis that regulates law courses, seeking to verify the subjects who work in the legal education process, with special attention to its object. All the considerations made are involved in the idea of ??language, which also has the mission of weaving the network that systematically interconnects the mentioned components. The research is theoretical - carried out with analysis of texts on education, linguistics, philosophy, theory of law and legal education. [resumo fornecido pelo autor]