A configuração do marco regulatório da educação juridica as disputas normativas nas diretrizes curriculares nacionais do direito a partir da relação estado, mercado e educação

Abstract

The thesis examines the configuration of the legal education regulatory framework, specifically the normative elaboration of the National Curriculum Guidelines for Undergraduate Law Courses, which resulted in Resolution no. 05/2018 CNE/MEC. The debate led by the Ministry of Education had the participation of government, academic-scientific, economic agents and professionals in the field of legal education, who deliberated in a political arena of dispute. The objective is to analyze the elaboration and the curricular guidelines themselves and to determine the influence of the position of the agents and their assets (capital) in the normative configuration of what constitutes the formation in law, from the relations between State, market and education. It emphasizes the relational dynamics between the legal field and the economic field, whose purpose is to instrumentalize law and education to serve the conditions of social reproduction. It starts from the assumption that the normative configuration reproduced, for the most part, a hegemonic model of legal training, of a normative epistemological nature and guided by neoliberal ideology, which indicated the protagonism of professional and economic agents in the curricular debate. However, it was perceived that a minority incorporated legal-emancipatory formative perspectives, due to the normative production having been consensual among the agents, which gave rise to the transformation strategies of legal education through interdisciplinarity, education in human rights, education of Afro-Brazilian and indigenous ethnic-racial relations and the curricularization of university extension. The concepts of habitus and symbolic capital are used to outline the empirical field from the perspective of the sociologist Pierre Bourdieu. For the purpose of analyzing the documental corpus, the discourse analysis technique was used, as it constitutes a technique aimed at understanding the texts and social practices inscribed in the legal-curricular discourses set out in the normative construction of the DCNs, which enabled the creation of thematic units that composed the phenomenon under study.