O positivismo como obstáculo epistemológico à produção do conhecimento jurídico: o dogmatismo e suas consequências para a formação do jurista

Abstract

Legal education, in Brazil, embraced a tecnical-legalist attitude, in which students are trained to read and understand written law, reducing Right exclusively to this operation. Considering the epistemological obstacles identified by Gaston Bachelard, and considering how legal education happens in Brazilian academies, this essay proposed a reflexive approach of Right education through positive dogmatism, identifying the production of a non-critical and technicist professional and the idealistic and simplistic training which makes difficult the resolution of social complex questions, as problems of necessary coping to reformulate legal education.