A elaboração das diretrizes curriculares nacionais do curso de graduação em Direito - resolução CNE/CES n. 05/2018: contextos e sujeitos

Abstract

The Law course, implemented in Brazil almost 200 years ago, has marked in its history the formation of a restricted and elite public to, from the 1980s, go through an expansion process, whose scenario is of 50% expansion in the offer of courses and 62% in the offer of places, since the publication of their National Curriculum Guidelines (DCNs) of 2004. In 2019, of the 1,615 courses registered in the e-MEC system, only 147 were offered, free of charge, by Universities from the state and federal education networks, suggesting a commercialization of legal education, since the offer of more than 90% of the courses is centered on the private initiative. Legal Education is in crisis, according to part of the literature on the subject, Rodrigues (1993), Simões and Malusá (2015), Tagliaviani (2010), Adaid (2015) and Marchese (2006), especially with regard to their pedagogical aspects. Thus, under the claim of adjusting the structure of these courses to the current historical moment, considering the development of society and the global context (Opinion CNE / CES nº 65/2018), Resolution CNE / CES no. 05/2018, which establishes the new National Curriculum Guidelines for Undergraduate Law courses, being the object of study of this research. The problem that the research tries to answer is: considering the subjects and contexts identified in the elaboration of the new Educational Policy, adopting as a counterpoint the process of construction of the policy previously instituted for legal education, Resolution CNE / CES n. 09/2004, how did the process of building the National Curriculum Guidelines for the Law course - CNE / CES Resolution no. 05/2018? The study has a qualitative approach, methodologically based on documentary research, whose main sources of data are the Resolutions and Opinions of the Ministry of Education regarding the preparation of the Guidelines for legal courses. The research discussed, from the content analysis, the history that culminated in the Guidelines published in 2018, the subjects and the contexts verified in the process of construction of the normative, considering as a parameter, the previous construction process of the 2004 DCNs. It was analyzed the opening for the participation of new subjects in the formulation of the Guidelines, seeking to verify the effectiveness of the announced participatory construction of the last document. As a result, the study registers, with regard to the contexts, that in the political aspects, both for 2004 and for 2018, there was a maintenance in the government speeches regarding the need for changes in the curricular structures to reach the formation of the productive and useful citizen labor market. As for the subjects, it shows that the construction processes sought the participation of representatives external to the CNE / CES. However, the data reveal a tendency to prioritize the participation of entities and subjects linked to the private initiative in the discussion spaces. The disproportion observed in the provision of legal courses, public and private HEIs, is reflected in the discussion arena of the DCNs of 2018. The subjects involved in the construction of the regulations sometimes have interests that, incorporated in the official instruments, collaborate with the commercialization processes of the University education. Although the construction processes of the Guidelines were open to participatory construction, the final result, consolidated in the Resolutions, is still an unfolding of State policies for Higher Education.