Desenvolvimento tecnológico e ensino jurídico: novos paradigmas e desafios para a formação do profissional do Direito

• Autor(a) principal: Fonseca, Victor Cabral
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional do FGV (FGV Repositório Digital)
• Texto Completo: http://hdl.handle.net/10438/27142
• topic: Postmodernity; Law and technology; Legal profession; Education; Professional profile; Law education; Pós-modernidade; Direito e tecnologia; Profissão jurídica; Perfil profissional; Ensino do direito; Direito; Inovações tecnológicas; Direito - Estudo e ensino; Tecnologia e direito; Formação profissional

The present study aims to analyze the need for adequacy of law education in a scenario in which the legal profession is deeply transformed by information technology. To do so, the first part provides an historic perspective of the social, political and economic changes observed in the transition from modernity to postmodernity. It was perceived a gradual transfer of power from Nation-States to private organizations, while globalization narrows the interaction flows between individuals and impact concepts of time and space. Such changes also affect Law and the legal profession, being the technological innovation one of the most important drivers of transformation. In this sense, it is possible to distinguish the technological impacts to Law in two different perspectives: Law Technology, which represents the development of cutting-edge tools that can be used in the professional practice of lawyers; and Technology Law, which encompasses a myriad of new situations and legal problems that emerge from the introduction of new technologies in society. Facing this new context, a new profile of legal professionals is gradually desired in the market - from whom new knowledge, new skills and new subjectivities are required, so far considered to be non-essential for lawyers. Thus, before a transformed legal profession, law education must be adjusted to prepare this new type of professionals, capable of developing characteristics according to what is required of them in this transformed reality. In conclusion, the study analyzes possible strategies for updating legal education and then suggests a further research agenda considering the implementation of such initiatives by law schools, their managers, teachers and students.