Detalhes bibliográficos
| Ano de defesa: |
2018 |
| Autor(a) principal: |
Teles, Alice Krebs |
| Orientador(a): |
Alves, Marcos Alexandre |
| Banca de defesa: |
Lisowski, Carolina Salbego,
Garcia, Jaci Rene Costa |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Universidade Franciscana
|
| Programa de Pós-Graduação: |
Mestrado Acadêmico em Ensino de Humanidades e Linguagens
|
| Departamento: |
Ensino de Humanidades e Linguagens
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
http://www.tede.universidadefranciscana.edu.br:8080/handle/UFN-BDTD/706
|
Resumo: |
The dissertation has as its theme the teaching of humanities and proposes a study of juridical formation with a view to hermeneutics as an overcoming of the dominant positivist paradigm of Law. The contribution of the humanistic disciplines to legal formation is outlined as a general objective, in order to emphasize the (im) dispensability of the humanistic component in the composition of the fundamental training axis. As specific objectives, it delineates: [a] circumscribe, in an epistemological context, the context of Brazilian legal education; [b] to examine the Curricular Guidelines and Pedagogical Projects of four courses of Law of Santa Maria / RS to identify the space destined to humanistic disciplines in legal formation; [c] analyze the syllabus, syllabus, syllabus, skills and competences and egress profile to understand the importance of humanistic disciplines in the formation of the future legal thinker; [d] confront the study of the documents with the epistemological and educational foundations, and; [and] lecture on the reflexes of a humanistic formation in the professional's work in the legal area and application of the law. It is a qualitative and quantitative paradigm, allying the quantitative (objectivity) and interpretative (subjectivity) paradigm in a hermeneutical approach, whose descriptive and exploratory strategy consists in investigating the influence of humanistic disciplines on legal education from the space assigned to them in the Pedagogical Project of Law course of Institutions of Higher Education of Santa Maria / RS. For this, it adopts: the Documentary Analysis due to the corpus of the research, composed of the Pedagogical Projects; Content Analysis, which supports the linguistic materiality present in the communication; and Discursive Analysis, with a focus on the lexicon, latent meanings and values of the humanities in legal formation, from the hermeneutic categories. The discussion starts from the change of the dominant positivist paradigm in the Law, which corresponds to what is put by the State in the description of social facts (objective social phenomenon), with hermeneutics as the conduit of the interpretation of Law under assumptions of analysis and understanding of discourse and the very subject to which it is inserted, in a game of signification and re-signification of knowledges, senses and values. The law, in the hermeneutic scope, metaphorically assumes a similarity to the game, as a ludic dimension (aesthetic), so it is constituted as the interpretive and decisive art whose meaning is in the proper movement of the game that evidences the humanization of the subject. Thus, the humanistic disciplines contribute to the critical-reflective formation of the jurist, allows an interdisciplinary look at the complexity of postmodern society, which affects transversally the integral legal formation promotes the broad (content and sense) interpretation of the juridical-social demand. This desirable path, however, has contours that denote positivist remnants, which does not mean, in depth, that the humanities in the professional formation of the jurist are not given ample attention. |
