Direito: mitos, invenções e perspectivas para o ensino jurídico

Abstract

A theoretical and conceptual research of, based on historical survey data, the establishment of theoretical frameworks and the building of a line of arguments that allows the analysis of the circumstances of legal education in crisis and, points towards prospects in such field of education. In the first chapter, the theoretical collection is constituted upon three perspectives: 1) Law as fetish - Marx and Engels; 2) Law as myth - Adorno and Horkheimer; and 3) Law as creation - Nietzsche and Foucault. From this theoretical perspective, we look at how, the Law, - a human creation -, unfold historically and culturally as conflict resolution techniques and as the upper-hand for Western sovereignties, Brazilian included. The thread of this theoretical and conceptual research extends from Jusnaturalism (and modern natural law), through the Enlightenment, culminating into the legal Positivism. The second chapter analyzes the formation of Law in Brazil, the creation of the first Law schools and the historical and legislative process that lead Law in general and legal teachings, specifically, in Brazilian lands. The question of the possibility of any emancipation within the analyzed system and, the possibility of a teaching of Law that leads towards emancipation and for such tendency, occupies the critic-proactive third chapter, to postulate a microphysical resistance, as a tool for the rescuing of the emancipatory education abducted by capitalist neoliberalism.