A formação jurídica humanística na perspectiva da complexidade e da transdisciplinaridade à luz da Educação em Direitos Humanos

Abstract

Legal education in Brazil is about to complete two hundred years. Since then, the teaching-learning process, the fragmentation into disciplines, the excessive attachment to formalism and legal positivism hovered over Law courses in Brazil, initially dominated by the elite and with functions of structuring power. Over time, but mainly from the 2000s onwards, access to the Law Course was observed by new classes and with other objectives, to fight for their rights. Thus, legal education has undergone structural changes, mainly with the Resolutions of the National Council of Education, highlighted here those of 2004 and 2018. In addition, it has experienced crises, such as mercantilism, bachelor's degree, classification by stamps, ranking between institutions, not to mention the new challenges such as an adequate conflict resolution policy, artificial intelligence, digital law and extension curricularization. Based on these reflections, the objective of this research is to propose paths for Brazilian legal education, in view of the challenge of the 21st century, of training based on Education in Human Rights. To fulfill the objective of the research and follow the paths of its development, qualitative research was used to face the problem, starting from a theoretical framework, with bibliographic and legislative documentary research, in addition to the analysis of data about Brazilian legal education and litigation in Brazil, covering a theoretical framework in each of the chapters, in a dialogic way. The method used was the hypothetical-deductive, starting from the problem about the crisis in Brazilian legal education, to confirm the thesis of the need for a more human formation, based on Education in Human Rights. Thus, the first chapter aims to explore from the historical to the current challenges of legal education, with decolonial views of Boaventura de Sousa Santos and based on the challenges of the 21st century, supported by Edgar Morin. The next step is to recognize that the educational process is complex, so, once again, the epistemological viewpoint starts from Egar Morin, in the Theory of Complexity. This recognition will demonstrate that pedagogical forms are required in addition to lectures and transmission of knowledge. For that, the proposal starts from the transdisciplinary methodology, as one of the paths pointed to develop in future legal professionals, for that, the reflection starts from the lessons of Izabel Petraglia, mainly, in the reading of Edgar Morin, combining complexity and transdisciplinarity. With regard to Education in Human Rights, this will be conceptualized in the eyes of Nei Alberto Salles Filho, through the teachings of the Culture of peace and education for peace, as well as about the goods of dignity, having as theoretical reference Joaquín Herrera Flores, in The (re)invention of human rights,beyond the decolonial perspective, by Boaventura de Sousa Santos. The sum of these notes will lead to the concluding chapter of the thesis, which will establish paths for humanistic legal training, based on the National Curriculum Guidelines for the Law Course (BRAZIL. MEC/CNE. Resolution No. 5/2018), about the study of skills and competences, which will instrumentalize the interpretation and application of the Law in the light of Education in Human Rights, revealing the commitment to the realization of rights, including social pacification, access to goods of dignity and social transformation. Concluding the research with pedagogical proposals, weaving clues and examples about humanistic legal training, based on Human Rights Education. In addition to the proposal of the Project “Citizen Justice by Univer(City)”.