Ensino Jurídico e Cultura Jurídica Processual: breves reflexões sobre o ensino do Direito Processual Civil na vigência do CPC/2015

Abstract

The Civil Procedure Code of 2015 promoted a true epistemological turn in Brazilian procedural science by systematically treating various means of democratizing the decision-making process. The amplification of the amicus curiae, the regulation of the public hearing in the judgment of objective appeals and the participation of interested parties in the formation of judicial precedents, represent, to a certain extent, the overcoming of an individualizing model of civil procedure, still strongly influenced by Liberal legal culture. The other hand, the code focuses on the consensual solution of conflicts, in establishing mediation as a stage prior to the adversary, and also provides for a number of typical procedural transactions and enables endless non-typical procedural transactions to be performed. In this context, the purpose of the code proposal is to establish a multi-portal conflict resolution system in which the parties play a fundamental role in the conduct of self-determination and in defining the procedure to be followed. This proposal seeks to overcome the contentious model of the process where the judge had the monopoly of the decision-making process. However, the epistemological turn required by the new way of being of the process, in order to be effective, must be accompanied by a reformulation of legal education, above all in the area of civil procedural law, so as to allow professional training that enables the operator of the right To act in the democratic and consensual process model established by CPC / 2015. Based on this premise, the main objective of the article is to reflect on the necessary reformulations in the teaching of civil procedural law in the period of CPC / 2015.

Keywords

• Legal education
• legal culture
• democratic process model