A prática docente no cotidiano dos cursos de direito: possibilidades e desafios

Abstract

Reflecting on higher education, from the perspective of practical epistemology, we encounter a number of problems with respect to pedagogic practices in law schools. There arises the need to put into discussion the relation between content and form in law schools, considering that the exercise of teaching law has both pedagogic and juridical conditions, as well as other aspects. Therefore, it becomes a primordial goal to make explicit and to overcome these pre- existing conditions. Starting from the suppositions that: (a) the pedagogic preparation of the teacher to teach in law schools comes exclusively form his experience as a student, (b) ones conception of law influences directly the teaching method one will use, and (c) teaching is a political act, it is crucial to develop conditions, to comprehend and, consequentially, improve the process of teaching law. Therefore, (a) identifying the guiding methodology, based on (consciously or unconsciously) the docent practice in law schools, (b) verifying how the individual teachers conception of law has a direct influence on the method used and, finally, (c) considering how the treatment given the content covered in class can contribute to the transformation of current social conditions of life and survival are objectives of extreme relevance, in this line of inquiry. In order to reach these goals, the present work uses a qualitative methodology of interdisciplinary research with an ethnographic focus, connecting the fields of education and law. In the collection of data observation and semi-structured interviews were used. This study reveals the unconscious adoption of a teaching method centered on transmissionassimilation of contents to conduce the work developed in law schools and the diffusion of a positivist conception of law. The study also revealed teaching practices in which some docents are clearly committed to the working classes. Lastly, this study indicates that (a) the (re)signification of the pedagogic practice of law professors implies a (re)defining of values and the conscious adoption of theoretical-juridical-methodological foundation to orient pedagogically to replace the transmission and assimilation centered methodology. Finally, we see the need of more research into this theme, thereby broadening the debate herein initiated.