O ensino jurídico no Brasil e o senso comum teórico dos juristas

um “olhar” a partir de Warat

Abstract

This essay aims at the formation of the jurist in the contemporary Brazilian context, with special attention to the search for alternatives to a crisis scenario in legal education in this thirty - year Federal Constitution. Of course, this is a multifaceted context marked by major challenges arising not only from the complexity and social complexity and the emergence of new rights, but also from the intensification of the crisis of jurisdiction in the 21st century as a substitute for the state crisis itself and the problem of legal interpretation and judicial decision in post-positivist times. The proposal of this brief article, written in the form of a short essay, starts from the premise of the exhaustion of the traditional model of law teaching, as well as the Waratian diagnosis of the jurist's theoretical common sense. Therefore, in order not to ignore minimal methodological requirements, the reflections depart from the Waratian work, adopting a phenomenological approach, based on qualitative and exploratory research, to describe a socially constructed reality with a view to questioning its foundations. At the end, it will be presented the proposal of the carnavalization of the teaching of law, as a way to overcome the exhaustion of the traditional model today based on the theoretical common sense of the jurist.