Educação jurídica multiportas: contribuição para a resolução extrajudicial dos conflitos e ampliação do direito fundamental de acesso à justiça a partir de um estudo de caso da região Norte do Ceará

• Ano de defesa: 2023
• Autor(a) principal: Barbosa, Emanuela Guimarães
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Faculdade de Direito de Vitoria; Brasil; Departamento 1; PPG1; FDV
• Palavras-chave em Português: Direitos fundamentais; Acesso à justiça; Gestão adequada; Conflitos; Educação jurídica; Multiportas; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://191.252.194.60:8080/handle/fdv/1659

Starting from the recognition that conflicts are inevitable since they arise from living in society and their interactions, the development of human society with the expansion of conflicts, and the possibility of the existence of a regulation dissociated from the use of force, be it physical, economic or cultural, demanded the improvement of Law which, as a science, arose, therefore, with the purpose of standardizing social relations in the search for resolving conflicts, and effecting social pacification. However, conflicts, in addition to being natural events, are unrepeatable, endowed with their own unique characteristics, demanding specific treatment depending on the peculiarities of each person involved in the conflict, with particularities, and it is up to the manager to identify the needs and interpret the information presented, or not, by the parties. Singularities that impose a need on the manager, in terms of carrying out adequate management and the purpose of choosing the best method to be used. However, when we observe the path taken by the science of law in search of resolving conflicts, we are faced with total disregard for the particularities of conflicts, essential for correct conduction and resolution, with the application of generalist and inadequate solutions, as they are based on common sense. jurists' theory, that judicialization is the best, or only, door available for resolving conflicts. Such a posture entailed a series of challenges for the Judiciary, which was faced with serious difficulties, such as: slowness, high costs and distance from social reality. These challenges motivated the Legislative Power and the CNJ to issue legal norms in an attempt to open up new possibilities for resolving conflicts: such as the CPC, the Mediation Law and Resolution No. 125/2010. In this sense, we argue that the change, regarding the understanding of conflict management, needs to start from the training of future professionals, even in the banks of Law courses, since legal education is still strongly influenced by cartesian methods of simplification , linearity and objectivity, needing to evolve towards a legal education based on the understanding of complexity, transversality and transdisciplinarity, in order to contemplate the best training and preparation of the future professional with knowledge that allows him to act in a plural way, and grounded in social reality. In this way, we seek to identify how the curricula practiced in the Bachelor of Law courses in the North Region of the State of Ceará can provide a multiport legal education that contributes to a profile of the egress, which includes the necessary skills for a consensual and extrajudicial action of future students. professionals, as a way of expanding the realization of the fundamental right of access to justice. In this sense, we understand that there is a need for legal academic institutions to seek, when planning, organizing and implementing legal courses, to implement, through different knowledge and subjects, a curriculum with components aimed at offering skills and competences, in seeking to guarantee training that allows the professional to work with the justice system, making the most of its bodies, actors and institutions in the search for conflict resolution. As for the methodology applied in the development of this thesis, it was developed through a theoretical and documentary approach, with the research being developed in an exploratory, qualitative and descriptive way, based on the inductive method. Finally, it proposes the analysis, through a theoretical-bibliographical research approach, of theoretical references in the search to broaden the analysis about the fundamental right of access to justice and the adequate management of conflicts. A document analysis was also carried out, of the curricular components of the Bachelor of Law institutions located in the North Region of the State of Ceará, and interviews, with the coordinators of the courses located in the municipality of Sobral, in order to identify if there are indicators in the regarding the implementation of a legal education aimed at future professional performance in the consensual and extrajudicial fields. Defending the implementation of a multiport legal education, so that the resolution of conflicts is thought in the fields, litigious and consensual, and in the judicial and extrajudicial spheres, require actions on the part of the legal courses, represented by the offer of training elements that allow the professional to transit between the judicial and extrajudicial fields with knowledge and security, which unfortunately has not yet materialized in the legal courses under study, since the curricula practiced, when pointing to extrajudiciality, consensuality, conflict management or a culture of peace, do so in a linked to the forecasts contained in the DCNs and in the evaluation instrument of the undergraduate courses, indicative as necessary to reach the maximum grade.