| dc.description.abstract | Literature has been showing that the teaching of Law hás been going
through a big crisis, due mainly to the proliferation of low-quality courses and Law schools
and the exhaustion of the epistemologic paradigm based on juridical positivism, which is
the basis of the dogmatic teaching method used in Law courses. On the other hand, the
practice as an attorney in a federal university has allowed the author to notice that the
practice of a civil lawyer is marked by a large attachment to the law, as the only formula
used to solve the juridical problems submitted to their appraisal. Thus, from a
materialistic-historical approach, mainly taking into account the labor social division
which characterizes the capitalist system, the author analyses the crisis of Law instruction
in Brazil, especially the process of expansion of the logic of the market over education, as
well as the characteristics of the practice of a civil lawyer. Aiming at this, he uses data on
the number of Law schools, courses, enrollments and Bachelors of Law; tests and results of
the exam to which the bachelors are submitted; pronouncements and actions of the
Brazilian Lawyers Order (OAB) on the results of the exam and the creation of new Law
schools and courses; civil servant exams to become a civil lawyer; verdicts produced by
federal attorneys who work in a federal university; and on the organizational and
bureaucratic structures of the Advocacia-Geral da União. The analysis of the data shows
that the growth of Law courses responds to a market expansion logic which leads to
transformations of the instruction and the bachelors into merchandises which will be part
of the reserve army of law professions, waiting for an opportunity which the market cannot
fulfill. The OAB exam works as a mechanism of control of this market reserve for the
lawyers who have already gotten their professional register and that feel threatened by the
large number of bachelors who graduate every year. The transformation of instruction and
bachelors into merchandise goes with the division of intellectual work and the dogmatic
teaching method which stems from it, since it requires low investment and offers the future
bachelor a role of simply reproducing the dominant ideology and the legal system which
symbolizes it. The content analysis of the OAB exams and the civil services exams for
federal attorneys shows that the multiple choice questions favor the questions based on the
law, or in the best of cases, jurisprudence and doctrine. The configuration of the federal
attorney career and the bureaucratic mechanisms of control of their activities, especially
the creation of the Procuradoria-Geral Federal and the publishing of verdicts, norms and
other bureaucratic measures by higher instances are used to discipline the practice and
establish a real intellectual hierarchy which restricts the role of the lawyers to reproducing
the dominant ideology represented by the legal system. The analysis of verdicts produced
by federal attorneys confirms that these professionals stick to the law and, in a smaller
degree, appeal to jurisprudence and doctrine as a basis for solving problems. Therefore, the
process of preparing a Bachelor in Laws in a dogmatic approach, which begins with the
classes in Law school and deepens with the need of passing the OAB exam and civil
service exams to become civil attorneys, consolidates in a practice marked by the
bureaucratic control and the attachment to the law as the only interpretation model, with no
room for a critical view of Law which could contribute to making real justice, the biggest
mission of a lawyer. | |
