Autor(es): Spengler, Fabiana Marion ; Dornelles, Maini
Data: 2021
Origem: Oasisbr
Assunto(s): Lawyers; legal education; education; collaborative practices.; Abogados; educación jurídica; educación; prácticas colaborativas.; Access to justice. Cooperative practices. Desjudicialization. Legal training.
The first Law course was created in 1827 and since then professionals have been trained in litigation. With the enactment of the Federal Constitution of 1988, access to justice became a basic right and so lawyers started to represent their clients in the Jurisdiction, however, this should be the last rattio, after extrajudicial attempts to resolve conflicts. That said, the question is: if inserted in legal education, can cooperative practices educate future jurists for de-judicialization? To answer the proposed problem, the method of deductive approach will be used, starting from a general analysis, studying the creation and evolution of law courses in Brazil, to reach the specifics that it is the need to include cooperative practices in the curriculum of the course. The method of procedure will be monographic. The objective of this research is to investigate the need to include cooperative practices in legal education, aiming at the humanistic training of future jurists with an emphasis on de-judicialization of access to justice.
The first Law course was created in 1827 and since then professionals have been trained in litigation. With the enactment of the Federal Constitution of 1988, access to justice became a basic right and so lawyers started to represent their clients in the Jurisdiction, however, this should be the last rattio, after extrajudicial attempts to resolve conflicts. That said, the question is: if inserted in legal education, can cooperative practices educate future jurists for de-judicialization? To answer the proposed problem, the method of deductive approach will be used, starting from a general analysis, studying the creation and evolution of law courses in Brazil, to reach the specifics that it is the need to include cooperative practices in the curriculum of the course. The method of procedure will be monographic. The objective of this research is to investigate the need to include cooperative practices in legal education, aiming at the humanistic training of future jurists with an emphasis on de-judicialization of access to justice.
Since the creation of the first law course in Brazil, in 1827, professionals have focused their training on litigation. When access to justice became a basic right, lawyers started to represent their clients before the jurisdiction, however, the judicial sphere should be used as a last resort, after extrajudicial attempts to resolve conflicts, whenever possible. In this light, we intend to answer the following research problem: To what extent can the insertion of collaborative practices in legal education educate the future jurist to de-judicialize access to justice? In order to answer the question, it will be used as a deductive approach method, starting from a general analysis to, at the end, arrive at a specific one; as for the method of procedure it will be the bibliographic. The text aims to verify whether including collaborative practices in legal education can educate the future jurist to dejudicialize access to justice.
