Educação jurídica e hermenêutica filosófica

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The study intends to investigate the crisis at the Brazilian juridical education. Any analysis of the crisis will show, with slight differences, the need to interrogate how the construction of the energetic-normative positivism paradigm took place, and how this found fertile ground to internalize in the juridical education through its reductionist view, in which the content of Law is informed by a system of energetic guidance values that limits the study of Law to the formal analysis of norms, and to the logic correspondence between them. Firstly, it directs its analysis towards understanding the modern-illuminist jusnaturalistic thought, as precedent paradigm to the conception of positivism, to the verification of power and control relations of the juridical positivism and normativism in the pedagogic practice, besides the possible pedagogic implications of their insufficiencies, historically built with a formalist, objectificative, legalist, logical-deductive and metaphysical character, which are present in the construction of Law Courses curriculums. In this context, the Law course will be examined as privileged locus of the dominant ideology reproduction; the unruly growth of juridical courses in Brazil; the impact of Law bachelors evaluation by external organs; the new curricular directrixes with possibility to cause ruptures and form Law critical professionals, which are reflexive and worried with the social function of Law, and, as nowadays jurists, through effective propositions, capable of unveiling the being (student) in the juridical education, darkened by the subject-object dualism, and by the positivist/normative speech of the Law dogmatic thought. These interrogations demand new paradigms. Therefore, the option for the method will be the hermeneutical one. Understanding is the ground stone of the hermeneutical phenomenological method, because it takes hold of what it understands. For hermeneutics, there is no univocal language, there is no warranty certainty, there are no categories, there are no deductions, and there is no method. Hermeneutics is existence (our condition of a being in the world, our feasibility, and our temporality). The theoretical referential is based on the hermeneutical-phenomenological perspective of Martin Heidegger and of Hans-Georg Gadamer. From the Heidegger hermeneutics, the support comes from the quest for the being that Heidegger performs radically, by the essence of what is to be-in-the-world, through the language as the beings home, as instance where the being shows himself and, at the same time, hides himself; therefore, the idea of veiling and unveiling, for foundation of a new form of understanding, which overcomes the subject-object scheme, and recovering the essence of thought as a possibility to create knowledge. From Gadamer, the experience as hermeneutic principle, which occurs on the occasion of happening a masterpiece, in the hermeneutic circle, in the dialogue, in the language, in the essence of the question as form to keep the possibilities open, in the conscience of the history of effects, and, particularly, in its understanding of hermeneutics as application, which enables its internalization as pedagogic strategy in the juridical education

ASSUNTO(S)

fenomenologia hermenêutica filosófica direito educação jurídica

ACESSO AO ARTIGO

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