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标题：Do positivismo ao positivismo jurídico: reverberações na formação do Bacharel em Direito (From Positivism to Legal Positivism: reverberations in Bachelor of Law Training)
其他标题：Do positivismo ao positivismo jurídico: reverberações na formação do Bacharel em Direito (From Positivism to Legal Positivism: reverberations in Bachelor of Law Training)
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作者：Ricardo Morais Pereira ; Sônia Aparecida Siquelli
期刊名称：Revista Eletrônica de Educação
电子版ISSN：1982-7199
出版年度：2020
卷号：14
页码：1-12
DOI：10.14244/198271992550
出版社：Universidade Federal de São Carlos
摘要：This article analyzes the pedagogical ideas of legal education in Brazil, in a historical and political perspective, seeking to question how positivist thought has exerted and still exerts influence in the formation of Law professionals, since, at present, the egress profile has was shown with the characteristics of a technical professional, who was often incapable of exercising a reflection of his own practice. Conceived in the nineteenth century, the positivist school, whose precursor was the philosopher Augusto Comte, maintained that only the laws established by science should be accepted. In the juridical field, positivism was elaborated in detail by the Austrian jurist and philosopher Hans Kelsen in his work "Pure Theory of Law", which corroborated the influence of philosophical positivism in the legal field, by maintaining that only the law is able to fully realize the Right. For the rigid thought, the norm is sufficient, being the main source of the Law, prevailing over all the others. The methodology used in the research was of a qualitative nature, developed from a bibliographic analysis of the philosophical legal concepts that compose the formation of this professional. A documentary investigation was also made in the curricular guidelines pointed out by the Ministry of Education and Culture (MEC). The final results of this research identified that legal positivism continues to influence the formation of the bachelor of Law. However, it is not the only factor that forges the current legal professional..
关键词：Positivism; Legal positivism; Curricular guidelines; Bachelor's degree in law.