Direito e literatura enquanto instrumento de superação da crise no ensino jurídico: uma análise sob a perspectiva da pedagogia Waratiana

Abstract

This research aims to analyze the legal education's crisis, its causes and foundations, and the possibility of using Literature as a mitigating instrument for the legal epidemic that arises in the teaching of this science. This study stars from a historical contextualization towards a current analysis of the main elements that gave birth to the precariousness of the teaching of Law in the country. Further on, the research is directed towards the conceptualization of the relations between Law and Literature, trying to explain how they occur and what each category of these relations is proposed for, revealing that among the different species, the one that is most useful to the pedagogy of Law is the strand Law in Literature 􀂱 which is why it is explored in greater depth. The relations between Law and Literature are understood from the written of François Ost and Lenio Luiz Streck, who cast a critical look at the legal positivism that plagues the formation of future jurists, limiting them to simple applicators, incapable of revolutionizing the justice on Brazil. Through the bibliographical review, the analysis of books, articles and interviews of great names that discuss both the Law and Literature object, as well as the problem of the crisis in the teaching of Law. In the end, from the perspective of the pedagogy proposed by Luiz Alberto Warat and his carnivalization, it is concluded that Literature presents a capacity to figure as a very powerful tool in promoting reflection and changing the beliefs that separates legal education from reality and perpetuate the crises.