E eu não sou uma jurista? Reflexões de uma jurista negra sobre direito, ensino jurídico e sistema de justiça

Abstract

This research is involved in demonstrating that the law presents itself as a tool used by a group to exercise and perpetuate its domain over another. Those who say what should be and not be, articulates their discourse around an enthronement of the science of law and the legal practice itself in order to reflect and reverberate in the academy and in the justice system the same relations of domination that are established in politics, economically and culturally. The asepsis and insulation processes contribute to this distancing and attempt to purify the law against mundane things and also serve to make us believe that this knowledge is not for everyone. All these strategies of enshrining rights serve to maintain the status quo and perpetuate an elite's right. Interested in promoting epistemological shifts that bring the law closer to bodies located on the margins of power, this thesis presents itself as a critical experience that highlights complex problems and tight knots in the power ties of law, legal education and the justice system, at the same a time when it offers strategies that untie these same knots. In this research, I evidence a dispute of narratives, demonstrating that there is a narrative construction that defends that the law needs to remain entrenched in order to be able to solve the complex dilemmas of those who cannot know, see and say the law. But there is another narrative construction that defends that the law needs to be transmuted, become other, welcoming other bodies and, therefore, other knowledge, visions and voices. This thesis demonstrates how these two narratives are in dispute and inculcate in everyone a legitimacy of oppressive relations over minority groups through a justice system that reaffirms a bachelor's heritage in the academy and that leads to an embedding of the "better knowledge" in the benches of school, which trigger practices that produce a harmful protective unevenness for oppressed groups in the benches of the courts. I present, from a first-person writing that implements the technique of writing in law while exalting a critical racial theory through storytelling, how the pedagogical construction of legal education contributes to the strengthening of one or another narrative and how the transformation of law will imply a reshaping of the entire justice system. Therefore, I anchor my approach in the transgressive pedagogical thinking developed by bell hooks and in his dialogues with Paulo Freire, from whom I will seek inspiration to understand the relations of oppression established from the legal education, by which he was also educated, and to build a legal pedagogy that really liberates and emancipates. I defend the implementation of an Engaged Pedagogy that makes use of a Critical Legal Literacy to train emancipated jurists who can emancipate other bodies through law, legal education and the justice system. To make the argumentative construction presented more robust, the research articulates interviews with free testimonies by black jurists about their trajectories in law schools and within the justice system. I propose the displacement of the right from the center of power to the margins, through plural tools that invoke multicuralities and multivocalities, such as literature, music, poetry, collages and aesthetic experiments.