A literatura como um direito fundamental na formação do “jurista crítico-sensível”: um estudo de caso da graduação em direito da Universidade Federal da Bahia

Abstract

This case study research aims to analyze the panorama of the Right to Literature as a fundamental right in the Law Graduation course at the Federal University of Bahia, reflecting on its (non) inclusion in the legal curricula. To this end, we used as a method the literature review combined with document analysis. The initial chapter traced the historical panel of legal education in Brazil, from the implementation of the first legal courses in the early nineteenth century to the last decades, with emphasis on the most significant educational reforms undertaken in the interim. Then, in the second chapter, we sought to expose the relationship between the Constitution, Law and Literature in order to understand how Literature, in the broad sense, can be understood as a fundamental right of the human being, a universal need to be Satisfied At this point, it was argued about the expansive character of the list of fundamental rights based on the Principle of Dignity of the Human Person and pointed to Literature as a social product with transformative and humanizing potential. In this context, the Law and Literature Movement was presented as a phenomenon of growing importance in Brazil, indicating its origin and expansion in the national and international scenario, its contribution to the resignification of the interdisciplinary study of Law and the main lines of research that were consolidated. within this movement: Law in Literature, Law as Literature and Law of Literature. Thus, the objective was to encompass the similarities between the two formative areas and highlight the potential of Literature's contribution to the development and application of legal knowledge, through the interdisciplinarity of legal and literary knowledge, and to the construction of a critical-sensitive jurist. with humanistic and critical formation, able to understand the legal phenomenon through many perspectives, surpassing the figure of the traditional, dogmatic jurist and the only critical jurist. After a general analysis of Legal Education and the relationship between Law and Literature, the present work focused on the investigation of the panorama of the Undergraduate Law Course of the Federal University of Bahia, through the analysis of normative diplomas that supported the legal curricula of the Federal University of Bahia. mentioned course. It was concluded that the Law Degree of the Federal University of Bahia, despite the existence of an extension course focused on the studies of Law and Literature, did not realize the fundamental right to Literature in its curriculum.