A resolução de problemas e o ensino do direito: apropriando-se da teoria pela prática relacionada

by Krepsky, Giselle Marie

Abstract (Summary)
There has been, for a long time, a concern regarding the connection related to theory and practice in Law Schools. Frequently, professors for eminently practical disciplines,(compulsory curricular apprenticeship) complain that the students, when facing real cases find them difficult or are unable to articulate the theory related to the practical reality presented in the problem, since they lack the theoretical concepts of the previous disciplines. We investigated and analyzed how the connection theory and practice through Solving of Legal Problems (Resolução de Problemas Jurídicos) carried out in legal practice stage, can be changed into a teaching methodology which is able to provide the appropriation of theory by the related practice for the remaining disciplines of the course (theoretical) as well as bymeans of the Resolution of Legal Problems (RPJ), carried through in the period of training of the legal practice, can be transformed into a method of education, that is capable to provide the appropriation of the theory for the related practice, for the other disciplines of the course (theoretical ones), as well as the results of this methodology both for the students as well as for the professors. The research is qualitative and observation, interview, and questionnairetechniques were used to carry it out. The methodology RPJ for the theoretical disciplines for the Law School at Universidade Regional de Blumenau was proposed from the analysis of the methodology of teaching-learning used on the stage and based on the theoretical reference, especially in the studies by Vygotsky about the process of concepts appropriation, the Potential Development Zone (ZDP) and mediation. It was applied in the discipline Work LawII (Direito do Trabalho II) in two ways: one in which the situation-problem was created by the professor and another in which the students through choosing some theoretical definitions given by the professor created a situation-problem, presenting the solution both from the common sense as well as the technical scientific point of view. RPJ was also applied to the first disciplines which comply the compulsory curricular apprenticeship (Office Practice I and II) with simulated activities, alternating with the methodology already used by the professors. For the analysis of the data Illuminative Evaluation was used based on the evaluation of innovating programs of Parlett and Hamilton. We highlight two flows of results through the analysis of data obtained and which are connected to the research main problem, one, related to the possibility of systemizing the RPJ carried out during the curricular stage in order to transform the proposal of the activities into a methodology for teaching-learning for otherdisciplines which makes possible the effective appropriation of theoretical concepts regarding those. We confirmed that when the students are faced with the RPJ they must take hold of the scientific concepts indispensable for the resolution and solution of the proposed problem, discharging the possibility of only memorizing the contents. Through it, a higher interaction among the students, a stimulus of the reasoning and reflexive actions, and higher interest inthe classes with extra class activities in order to deepen the contents was confirmed. The second is regarding to the improvement of professors, where it showed to be possible, asmuch on the technical level (application of RPJ), as in the effective internalizing of appropriation of the RP methodology. In the latter because there has been a concept transference to other situations of teaching-learning and personal-professional to show the reach of the behavior change it produces
This document abstract is also available in Portuguese.
Bibliographical Information:

Advisor:Gilson Ricardo Medeiros Pereira; Henrique João Breuckmann; Vera de Arruda Rozo Cury

School:Universidade Regional de Blumenau

School Location:Brazil

Source Type:Master's Thesis

Keywords:law teaching resolution of problems theory and practice


Date of Publication:06/19/2006

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