Entre a mudança e a continuidade: os rumos do ensino jurídico no Brasil a partir de uma análise pós-positivista do fenômeno jurídico




The main focus of this scientific study is the crisis in Brazilian legal teaching which, in turn, has suffered and generates a direct influence on the crisis - also evident - in the social, political, economic and legal sectors, all arising from a general insatisfaction by the archetypes of modernity themselves, which has led to the emergence of theoretical movements identified as legal postmodernity and post-positivism. The historical revival of the evolution of legal thought began with the Rationalist Jusnaturalism and progressed to the identification of the main characteristics of Post-positivist legal theory based on which a new profile of the legal operator was outlined. It also makes a historical incursion into the background of Brazilian legal courses, the scope of which was to establish, based on the notorious criticism, the main focus of the crises, and in a subsequent stage, to offer alternatives to overcome it, presenting concrete proposals that are in keeping with the new desired profile of the legal operator, in order to enable the construction of a quality legal education which meets the expected standards of Society. This scientific work, which uses the deductive method, and the technique of literature review, is linked to the line of research Production and Application of Law of the Masters Degree Program in Legal Science of Univali, the CNPQ research group Basics of Production and Application of the Law, and the research project Jurisdiction, Argumentation and Public Policies


ensino jurídico direito - estudo e ensino legal education. crisis of legal education pós-positivismo crise do ensino jurídico. post-positivism estado constitucional direito constitutional state

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