A expansão do ensino de Direito: massificação que desqualifica ou democratização a serviço da prática da justiça no Brasil?
View/ Open
Date
2006-12-19Author
Almeida Júnior, Fernando Frederico de
Metadata
Show full item recordAbstract
The intention of this work is to inquire if contradictions are penetrating the education of the
Right in the country, to understand its process of mercantilism and technicality and to study
the consequences that laborious education of the Right can generate, everything without
forgetting that the combination between the society urban-industrial and the democratic State
of Right, after 1988, increased the economic contradictions, social and typically capitalist
politics and, therefore, increased the demands for the services named "operators of the law". It
was analyzed, that, the existing relations between histories of Brazil, the Right and legal
education, adopting a description-critical vision. The research presented initially gave brief
considerations to the history of Brazil and its relation with the Right, discourse concerning the
Portuguese magistrate of the colonial period and the graduate-jurist of XIX and XX centuries,
as well as the subordination of the "operators of the law" to the interests of the hegemonic
elites at each moment. It became, after that, a referring, data-collecting to all the implanted
courses of the Right until the present, proceeding to an approach by geographic region and,
inside of them, for an unit of the federacy, differentiating, still, the private institutions of the
public. It was elaborated, at this moment, a brief case study on a public university. It was
looked into, to identify the entities related with the education of the Right in the country and
its legal and/or statutory attributions, also scoring the moments where such people can and/or
must intervene with the creation and management of the institutions of superior education, as
well as with which half are endowed with checking into these. The research continued with
the study of the objectives of the education of the Right, looking to identify its real function in
Brazil. History demonstrates that the State and the professionals of the Right in Brazil
effectively had never been worried about the poverty, or the "forgotten", with the excluded
ones, with the great mass of the population. They had always been protective of an elitist
legalism that moved them away from the Brazilian historical reality, what has occurred until
the present. The yearnings of the population for a life improvement, for more respect and
dignity, had generated very elitist demand that attracted the private initiative for a market until
then little explored and superior education. Consequence of this was the proliferation of the
private superior courses in the country, also the courses of the Right. Such proliferation is
imposed and must be accepted by the State and the professional organizations. To the State it
only remains to check the quality of offered education. To the professional organizations its
only charge is to select those that will be able to exert definitive professions. Both are
hindered to restrict the opening of courses with foundations that disrespect the disposed in the
Great Charter. The proliferation of the courses of the Right with certainty will increase the
respect to the rights of the excluded and, therefore, it will improve the practical one of justice
in the country. The opening of new courses of graduation for the Right and the subsequent
increase of the possibility of more people to graduate in legal sciences, it constitutes a small
step in direction to the practical one of justice in Brazil, to the reduction of the social
inequalities and to the rise of the dignity for human being of the Brazilian.