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Revista Internacional de Educação Superior
versão On-line ISSN 2446-9424
Rev. Int. Educ. Super. vol.9 Campinas 2023 Epub 27-Mar-2025
https://doi.org/10.20396/riesup.v9i0.8669095
Article
Legal Education and Gender Issues: an Analysis Based on Pedagogical Projects of Law Programs in the City of Arcoverde, Pernambuco, Brazil
1Universidade de Pernambuco, Arcoverde, PE, Brasil. E-mail: Fernando.cardoso@upe.br
2Universidade de Pernambuco, Arcoverde, PE, Brasil. E-mail: paulinhabrito97@gmail.com
3Universidade Federal de Minas Gerais, Belo Horizonte, MG, Brasil. E-mail: antonio.lopes@upe.br
The study aims to analyze the political, pedagogical and scientific role of legal higher education in relation to the approach and training committed to coping with violence and addressing gender issues. To this end, we problematize traditional legal education, the necessary interdisciplinary and multidimensional perspective of the higher education of undergraduate Law students and the interrelation between education, research, and extension in this universe. We carry out a documentary analysis of the Pedagogical Projects (PPCs) of Undergraduate Law Programs in operation in the city of Arcoverde, located in the Moxotó Backlands, Pernambuco, Brazil, as a way of understanding how higher education institutions (HEIs) situate gender issues in legal education. The results indicate that the HEIs provide syllabuses that favor technique and dogmas to the detriment of discussions that elicit deeper dialogue on social issues, such as gender issues, in addition to maintaining the fragmentation of knowledge as a curricular characteristic. Finally, regarding the research and extension aspects, the institutions present goals and activities that opt for a generic and apolitical discourse, not committing, in general terms, to addressing gender issues.
KEYWORDS: Legal education; Research; Extension; Gender; Pedagogical project
O estudo tem como objetivo analisar o papel político, pedagógico e científico do ensino superior jurídico diante da abordagem e formação comprometidas com o enfrentamento das violências e abordagem de questões de gênero. Para tanto, problematizamos o ensino jurídico tradicional, o necessário olhar interdisciplinar e multidimensional da formação superior de bacharéis em Direito e sobre a aproximação entre ensino, pesquisa e extensão neste universo. É realizada uma análise documental dos Projetos Pedagógicos dos Cursos (PPC’s) de Bacharelados em Direito em funcionamento na cidade Arcoverde, localizada no Sertão do Moxotó, Pernambuco, como forma de compreender de que forma as instituições de ensino superior (IES) situam, na formação jurídica, questões de gênero. Os resultados apontam que as IES disponibilizam ementários que privilegiam a técnica e a dogmática em detrimento de discussões que suscitam o diálogo mais aprofundado sobre questões sociais, como as de gênero, além de manter a fragmentação de saberes como marca curricular. Por fim, quanto aos eixos de pesquisa e extensão, as instituições apresentam metas e ações que optam por um discurso genérico e apolítico, não se comprometendo, em linhas gerais, com a tematização de questões de gênero.
PALAVRAS-CHAVE: Ensino jurídico; Pesquisa; Extensão; Gênero; Projeto pedagógico de curso
El estudio pretende analizar el papel político, pedagógico y científico de la educación jurídica superior ante el enfoque y la formación comprometida con el enfrentamiento de la violencia y el tratamiento de las cuestiones de género. Para ello, problematizamos la formación jurídica tradicional, la necesaria mirada interdisciplinaria y multidimensional sobre la formación superior de los licenciados en Derecho y sobre la aproximación entre docencia, investigación y extensión en este universo. Se realiza un análisis documental de los Proyectos Pedagógicos de los Cursos de Licenciatura en Derecho (PPC's) en funcionamiento en la ciudad de Arcoverde, ubicada en el Sertão do Moxotó, Pernambuco, con el fin de comprender cómo las instituciones de educación superior (IES) sitúan las cuestiones de género en la educación jurídica. Los resultados indican que las IES ofrecen planes de estudio que favorecen lo técnico y lo dogmático en detrimento de las discusiones que fomentan un diálogo más profundo sobre cuestiones sociales, como las de género, además de mantener la fragmentación del conocimiento como sello curricular. Finalmente, en cuanto a los ejes de investigación y extensión, las instituciones presentan objetivos y acciones que optan por un discurso genérico y apolítico, no comprometiéndose, en líneas generales, con la tematización de las cuestiones de género.
PALABRAS CLAVE: Educación jurídica; Investigación; Extensión; El género; Proyecto pedagógico del curso
Introduction
Legal Education in Brazil follows a traditional and dogmatic methodological trend, largely removed from social discussions and debates. The national legislation that provides for the guidelines and rules that regulate and guide Higher Education Institutions, since the 1988 Constitution, has undergone constant changes in order to update the way Law is taught, seeking to align this field with the dynamicity of relations and the new social needs that arise from them.
Despite legislative changes and the implementation of specific goals, the full training of the law professional faces obstacles especially in the methodologies used in the classroom. Institutions maintain a technical and uncritical modus operandi and do not seek, in practice, to adapt and make use - almost always - of new pedagogical methodologies that promote debates, research and university extension, resulting in what several studies (CHAUÍ, 2001; ALMEIDA, 2016; BONELLI, 2017, 2019; ALMEIDA NETO, CARDOSO, 2020b; DINIZ, CARDOSO, 2021) have called, for decades, the crisis in legal education and higher education.
The massification of law programs, which prioritize quantity over the quality of higher education, and the lack of institutional stimulus to critical methodologies, currently result in the training of thousands of unprepared legal operators without citizen and political awareness of their social role, since they found an education strongly directed - solely - to the exegetical interpretation of codes and manuals. Thus, it is not difficult to observe how the work of professionals in this field reproduces discriminations and violences.
Accordingly, the research problem of the present research is the following question: what is the political-scientific role of legal higher education in relation to the reflection on gender issues in the context of the city of Arcoverde, Pernambuco, Brazil? Based on the issue in question, we propose to critically reflect on the legal education in a non-metropolitan area, situating the reality of the elected municipality and the context of the institutions. Therefore, the general objective of the study is to analyze the political and scientific role of legal higher education in relation to the reflection on gender issues in the context of the municipality of Arcoverde, Pernambuco, Brazil.
On the other hand, the specific objectives chosen consist in: describing the politicalscientific vocation of higher education in relation to traditionalism in Brazilian legal programs; discussing the structural absence of gender studies in the technical-dogmatic curricular components of undergraduate law programs; and, finally, analyze the Pedagogical Projects of the undergraduate law programs in the municipality of Arcoverde, Pernambuco, from the perspective of gender studies.
In this study, we dimensioned theoretical assumptions about the technicist trend in legal higher education, in order to emphasize the social role of education at this level. The point is demonstrating the perspective of the fundamental aspects for the full education of students in these programs through the necessary intersection between education, research and extension. Similarly, we seek to present the importance of studying gender issues for the education of critical graduates, aware as to discrimination and violence. To this end, documentary analysis of the Pedagogical Projects of three law programs located in the city of Arcoverde-PE, based on the axes of education, research and extension, helps understand how the context in which social discussions (including those related to gender issues) are situated organize and dimension the political-scientific commitments of these programs and, later, the educational process of the HEIs.
This is an inductive study (BRAUNER, CIGALES, SOARES JUNIOR, 2013) that is based on the problematization of the Pedagogical Projects of Law programs in the city of Arcoverde aiming to - throughout the reflections - expand toward broader assumptions related to legal education. Through a descriptive investigation, we seek to conjecture the problem studied and, later, make use of some assumptions, either in dialogue with the bibliographic survey carried out or with the description of the institutional sets of information chosen through documentary analysis (SILVEIRA; CÓRDOVA, 2008). Thus, the research adopts a qualitative approach (SOUZA; KERBAUY, 2017), considering the analysis of narrative aspects present in the PPCs. The research universe consists of the Pedagogical Projects of the Undergraduate Law Programs currently in operation in the municipality of Arcoverde-PE. The data collection technique was based on documentary research, observed considering the relevant bibliography, which is responsible for the deepening of publications and thematic categories that are related to the chosen topic (LIMA; MIOTO, 2007).
Legal Traditionalism and the Social Role of Higher Education
Education, as a place of signification of social phenomena and, at all its levels, can be understood as an instrument through which people have the possibility to develop critical thinking. Thus, the main role of the university - ideally - is the dissemination of knowledge, the democratization of knowledge, the training of professionals with social and citizen awareness (PIVETTA et al., 2010). Since the 1988 Federal Constitution, a series of documents have been edited and promulgated in order to combat strictly technical education in universities and to fulfill its role in society. After all, professional training requires, in addition to technical knowledge, critical thinking, sensitivity, social awareness, and concern with the problems that go beyond the context of the universities themselves.
Law 9,394/1996, the National Education Guidelines and Bases Law, in its article 431, provides for the purpose of higher education. Among such aspects, the promotion of cultural development, the encouragement of research, dissemination of cultural and scientific knowledge, the execution of university extension activities, the universalization of knowledge, and personal and technical improvement (BRASIL, 1996) are emphasized aspects. Firstly, the university must go beyond mere technical vocational training, assuming its inherent social role comprehensively. However, despite the well-known importance of the university as an instrument for transforming culturally constructed paradigms, a minimal portion of society has the opportunity to attend an undergraduate program (MARTINS; VIEIRA, 2018; ZAGO, 2006). The difficulty of access begins, for example, in relation to the amounts charged in private institutions for attending the program, regarding the centrality of institutions in large urban centers and the interruption of the process of expansion of public higher education in the country, starting in 2016, with the rise of neoliberal governments.
In relation to Public Universities, several entrance examination processes account - due to the absence of affirmative policies - for preventing the access of people who neither had the opportunity to study in full-time private schools nor to attend more renowned exam preparation courses. Therefore, it is not difficult to observe the economic class, the ethnic, racial, generational and gender dimensions of students who, for the most part, attend the classrooms of programs considered to be of high demand and prestige, such as law programs (RISTOFF, 2014). Similarly, it is people of this profile who make up the teaching staff, in view of the path taken by them, from the master's and doctorate degrees, to becoming part of the staff of professors of Public Universities, especially (BONELLI et al., 2019).
In this sense, the educators play a decisive role in maintaining or overcoming the mechanistic and acritical precepts that govern the university and its teaching practices, as well as the choice of priorities and agendas. Thus, since the legal field is mostly composed of professionals who have close relationships with the interests of hegemonic groups, who have the power to 'say the law,' the way in which legal programs and logic are operated is hardly contrary to such interests, being, in fact, a reflection of the aforementioned agenda of values, visions and priorities (ALMEIDA, 2016). So, in what way, other than by getting closer to communities, can people who are part of universities understand and intervene regarding social needs, desires and vulnerabilities? Considering the fact that there is no representation of the most vulnerable classes in the university spaces, how can the problems that directly affect them be highlighted and made visible? The formulation of solutions or means of social transformation of everyday issues reproduced in reality also depends on valuing the social role of the academic community.
According to Chauí (2001), socially, and considering the university as a social institution integral to society and, therefore, a reflection of it, the other, the different, be it in relation to class, gender, race, ethnicity, generation, is not situated, in most cases, as a subject of rights. It is not recognized in this space, therefore, how certain social factors guide university practice. Those that are different - reinforcing the notion of inequality - are viewed hierarchically, as the other is seen as inferior. On the other hand, subjects who identify themselves as' equals,' based on hegemonic characteristics, reinforce this connection of 'recognition.' In this context, we have, on one side, the relationship of identification/kinship and, on the other, relationships of clientelism and assistentialism, and, in fact, there is no concern with contributing to the daily lives of vulnerable groups of the population.
In order for academic education to be able to surpass mere vocational training and raise the students’ critical awareness of the world, it is necessary to make them capable of being a transformative agent. According to Santos (2010), it is necessary to consider the three axes that support and broaden the process of training and dissemination of knowledge in higher education: education, research and extension. The 1988 Federal Constitution, in its article 207, provides the necessary connection of the aforementioned domains so that academic training is complete, as: “Universities enjoy didactic-scientific, administrative, and financial and asset management autonomy and will obey the principle of inseparability between education, research and extension” (BRASIL, 1988, p. 36).
Thus, through university extension, for example, students have contact with social issues and understand the relevance of certain discussions for changing the status quo, comprehending the daily demands of the most vulnerable population. Combining this process with research, so it enables critical problematization of common sense, and with education, based on praxis, there is a wide possibility, through the interconnection of the axes, of considering acting as a social transformer (SANTOS, 2010).
Resolution No. 5, dated December 17, 2018 (BRASIL, 2018), by instituting the National Curricular Guidelines for the Undergraduate Law Program, in accordance with the CNE/CES Opinion No.: 635/2018, demonstrates, in the same way, the concern that the academia operates bby the inseparability between the three dimensions (art. 2, § 3)2. In addition, it also indicates the duty of the Pedagogical Project (PPC) of the Program to include in its provisions ways of implementing interdisciplinarity, the ways of integrating the world, and the unity between theory and practice. Article 3 of this Resolution demonstrates the concern as to the Law program ensuring training in a holistic manner, that is, in a humanistic and formal way, and being responsible for developing the capacity to accept cultural pluralism and diversity (art. 4, X)3.
The guidelines present in the educational documents and directives, which encourage education not only from a technical perspective, have been recommended since the 1988 Federal Constitution (BRASIL, 1988). However, with the institution of he Education Guidelines and Bases Law (BRASIL, 1996), there were significant changes in the aforementioned educational guidelines, with the repeal of the minimum curriculum, seeking to overcome the limitation of the autonomy of undergraduate programs. Since then, there has been greater concern with the improvement of the pedagogical practices adopted in universities, so such training spaces are more consistent with the social needs (PIVETTA et al., 2010; BENTO, CARDOSO, 2021a).
Thus, the Public University has the role and challenge of transmitting knowledge beyond technical aspects. The incentives for research and the opportunity to participate in extension programs, projects and actions, in this reality, are dimensions that, in the case of Brazilian legal programs, are still hindered by the attachment to the traditionalism of the educators and by the precepts according to which these professionals think about the educational practice. It is worth mentioning that, despite the commitment to include such dimensions in the official documents on legal education, according to Colaço (2006), in addition to the legal practice, considered mandatory in the aforementioned documents, the implementation of the extension is not common in Brazilian legal programs, nor is the institutionality of research projects and groups.
In parallel with research, a universe of extreme importance for higher education, university extension affords the possibility of fostering other practices and agencies, beyond the mere bibliographic or dogmatic exploration of Law. It is possible to understand, through extension projects, that people, often only remembered by hierarchical investigation processes (CARDOSO, CARVALHO, 2018) - such as trans women, women victims of domestic and family violence, incarcerated women, among others - are not just 'objects of study.' As true protagonists of the problems raised academically, they possess, with propriety, knowledge and experiences that have much to contribute to the resignification of higher education (GOMES, MELO, 2021). The distancing produced by and in academia ends up evoking the notion that researchers do not deal with real problems and people (SALATA, 2018), that they live daily with mere research questions, solely.
The debate on higher education, legal training and traditionalism needs to be reconsidered according to new fronts and spaces for reflection. Particularly, the ways of adding social transformation to pedagogical practice, beyond merely technical or technological methodologies, coincide with the resistance to positivist and uncritical neoliberal education. After all, higher education is the proper space for students to approach and intervene in relation to social issues, such as gender discussions.
Admission to undergraduate Law programs, already characterized by multiple inequalities, must be followed by the validation of a curricular matrix and critical education, research and extension practices. As the legal program approaches the completion of training, the predominant discussion on legislation itself, according to the logic and requirements of market traditionalism, ends up distancing students from relevant issues that can contribute decisively - after graduation - to overcoming different forms of inequality. The result of this path, according to Chauí (2001), is that Brazilian universities train professionals with precarious critical sense, without citizen awareness, reproducers of violence and inequalities, naturalized by everyday authoritarianism and hierarchized social relations.
The Undergraduate Law Program and Gender Issues
The traditional and technical aspects of education observed in Brazilian undergraduate Law programs (BENTO, CARDOSO, 2021b) are trends seen in much of Latin America (CAOVILLA, 2015). In this sense, this field disregards the movement of some countries and fields of knowledge, which have shown greater concern with the social needs of the vulnerable population.
Brazil has more than 1,755 Law programs throughout the territory (CORTEZ, 2020). In the city that is the universe of this study, Arcoverde, Pernambuco, with approximately 75,000 inhabitants, there are currently three institutions offering law education, two private and one public. In four years, following the trend and number of places offered, the city will train approximately 250 professionals per year.
In contrast to the constant increase in programs, in 2019, according to Ernesto (2021), only 13% of the evaluated undergraduate programs obtained the 'OAB Recommends' Quality Seal. The criterion used to award this seal is, only, the performance in the Bar Examination. This factor shows, on the one hand, the priority criteria based on which the body assesses the quality of a legal program, reducing it to the performance in a multiple-choice and a subjective test, in conjunction with a professional piece, and, on the other hand, the disregard of academic aspects related to education, research and extension.
In addition to the unrestrained expansion of Law programs in the country, often seen only as a profitable niche for the market in question, and because they mean financial maintenance for a number of private universities, considering the high demand in university entrance exams, legal education coexists with endemic pedagogical problems (BENTO, CARDOSO, 2021b). Characterized by aspects of neutrality and impartiality, incompatible with the position occupied by Law itself in society, legal higher education is organized, recurrently, based on the alleged exemption in relation to discriminatory issues, even reproduced by academia. According to Severi and Campos (2018), legal positions, whether related to private law or public office, are predominantly held by cis, white men from favored social classes. Thus, under the discourse of legal certainty, neutrality and impartiality, in dialogue with complex social issues, they end up forging an epistemic and political locus that is comfortable for legal operators and institutions.
The technicality, observed in Brazilian law programs, culminates in the absence of indepth discussions on topics such as gender and sexuality (LEITE, DIAS, 2015), but not only these. The way the subject is instituted in legal programs, usually related to material and criminal procedure law, or in sporadic elective subjects, shows how 'less important' issues are dealt with in the training of such professionals, and students, even during the program, may not experience any debate on the issues mentioned. In addition to contributing to the uncritical training of future professionals, the supremacy of technical aspects ends up rendering gender issues invisible (PAVÃO, CARVALHO, 2021), culminating in the “inability when faced with these issues and the continuous reproduction of harmful gender stereotypes in the legal production and work” (ALMEIDA, 2016, p. 37).
According to Polonia and Cheron (2019), the absence of discussions related to gender and sexuality in education, not only in undergraduate courses, but in different institutional spaces, reflects the diffusion of binary views. Heteronormative standards determine the meaning of normal and abnormal, inferior and superior, included and excluded, in terms of gender and sexuality. This vision ends up reproducing, in all its forms, misogyny, sexism, discrimination and related violence. Among the problems faced in the struggle against gender violence, in addition to the aforementioned structure, the absence of specific guidelines, various forms of victimization reflect the lack of preparation and qualification of the agents that are part of the protection network, often reproducing discriminatory statements, which distance victims from state protection (BERNARDES, 2014), which is already precarious, disqualified and inefficient.
The expanded scope of the problem dates back, for example, to March 2021, 23 years after the enactment of the Federal Constitution of 1998, when the Supreme Court was activated, through ADPF 779, to decide on the unconstitutionality of the thesis of legitimate defense of honor, commonly used by lawyers for the defense of male aggressors in trials in cases of domestic and family violence against women (BRASIL, 2021). As a result, the Supreme Court unanimously decided for the unconstitutionality of the thesis, since it violates the fundamental principles of human dignity and gender equality.
The wide utilization of this and other discriminatory theses implicitly denounce the educational gaps in the approach to gender issues in the process of legal education, whether in relation to professionals who follow careers as lawyers, as judges - accepting absurd and clearly discriminatory theses -, in addition to public agents, who are in direct contact with victims of gender violence.
As pointed out by Duarte, Dall, and Souza (2012), the way in which subjects are traditionally presented and distributed in university legal programs promotes - surreptitiously - the hierarchy between the curricular components. We have, on the one hand, subjects of what is referred to by the authors as 'fundamental training axis' - known as propaedeutics, generally inserted in the early periods of training, such as the History of Law, Philosophy, Anthropology or Sociology and, at the other end, those that constitute the socalled 'professional axis' - dogmatic subjects, seen, implicitly and even explicitly, as those truly relevant to professional training, since these will lead professionals to achieve their goals through public service admission exams or the practical examination of the OAB.
The tendency to divide the subjects into separate compartments, as if they were separable, independent, compromises interdisciplinary teaching and the understanding of what Law is in its pedagogical scope (SOBRAL, 2016; ALMEIDA NETO, CARDOSO, 2020a, 2020b). All areas - Human Rights, Constitutional Law, Criminal Law, Procedural Law, Sociology, Philosophy - are complementary and equally important. They need to dialogue and build connections with one another so students build their worldview, understanding the purpose of the norm in relation to society and people. Because the semantic and political value of the laws and of their interpretations needs to give practical relevance to the legal system and the goals of social movements. Despite providing visibility to social problems, the legislations, products of the political struggles of social movements - such as the Maria da Penha Law and the Femicide Law -, in isolation, are not capable of achieving the transformation of reality. It is necessary to integrate social institutions and people's experiences in the dynamics of legal-academic training, otherwise education will also contribute to the reproduction of systemic violence.
Changing the current situation of Brazilian legal education involves not only curricular changes, which are often inefficient, nor the mere modification of the names of the subjects or the inclusion of others belonging to the dogmatic axis. On the contrary, it is essential to observe the scientific structure and dynamics adopted in legal education and which discussions are effectively promoted in the academic space. The CNE/CES Opinion No.: 635/2018, accordingly, reinforces this understanding, stating that: “encyclopedic curricula do not represent correct answers to the demands for knowledge and skills of graduates in the area” (CNE, 2018, p. 12).
From the critical perspective emphasized by Paulo Freire on the 'Banking model of education,' Brighente and Mesquida (2016) problematize the need for education not to be organized in order to prioritize the mechanical aspects of learning, through memorization, for example. As, when practicing education in a banking manner, there is no possibility of training critical and conscious professionals. The professor deposits the knowledge in the classroom, the content is memorized by the students only until the exam that will approve them. Subsequently, students advance their training and simply discard what was supposedly memorized. Thus, there is no two-way exchange, a dialogue that promotes reflection on the world. Without a close reflective relationship between student and professor, there is no possibility of change (BENTO, CARDOSO, 2021a; 2021b). Therefore, the need to enable the liberating role of education.
It is worth mentioning that, as argued by Kipper (2000), the relationship involved in education is not limited to the relationship between student and professor. Higher education institutions have direct responsibility for the way legal education is produced in the classroom. The lack of autonomy and support to professors, in addition to obstacles in the implementation of pedagogical innovation, research and extension projects, are crucial for the neoliberal rationalist maintenance of the current legal education situation.
In this context, therefore, there is a greater incidence of undergraduate Law programs with uncritical, market-oriented proposals, which are focused only on the mere discussion of laws and judicial decisions, purely, without the necessary problematizing view of these instruments. Similarly, increasingly distancing themselves from the desires and needs of the society in which they operate, contrary to the documents that guide higher education in Brazil, legal programs, despite the recent changes in the guidelines of legal education, reproduce a given logic of knowledge, violent and authoritarian.
As described by the National Curricular Guidelines prepared by the Thematic Advisory Chamber on Regulatory Policy for Legal Education, proposed to the CNE by the Department for Regulation and Supervision of Higher Education of the Ministry of Education (SERES/MEC), approved by MEC Ordinance No. 1,351, of December 14, 2018 and based on CNE/CES Opinion No. 635/2018, education must: “provide a teaching-learning relationship that meets a multidimensional process of construction of autonomy, of the pillars of knowledge: learning to know, learning to do, learning to coexist, and learning to be” (BRASIL, 2018, p. 10). The document also establishes the importance of current aspects, such as environmental education, human rights, and issues related to gender, generation, ethnic-racial issues, and others.
Having the power to state the right and to decide conflicts are privileges. The greater the power of the social and institutional position held, the lower human diversity is observed. Without representativeness and pluralization of decision-making spaces, the obstacles experienced by the most vulnerable population and by people who play roles with the potential for transforming society are increasingly intensifying. That is why it is important for future professionals to have contact with discussions that show the various forms of vulnerabilities experienced by different groups. After all, understanding the factors that permeate unequal social structures and forms of violence brings students closer to understanding the effectiveness of social justice.
The Context of Legal Education in Arcoverde, Pernambuco, Based on the Pedagogical Projects of the Programs in the Municipality
The municipality of Arcoverde, located in the Moxotó Backlands in the State of Pernambuco, with an estimated population of 74,822 inhabitants (IBGE, 2020), has three undergraduate Law programs, which are located in a Public University - which began its activities in 2010, offering 40 annual places -, a Municipal Authority - established since 2018, offering 100 annual places -, and a private college - with its first class opened in the second half of 2019, offering 150 annual places. In this study, we will use the three Pedagogical Projects4 of the Law Programs in the city as a corpus, which we will call PPC1, PPC2, and PPC3, respectively.
In addition to understanding the way in which priorities are established in the programs, we will observe the way in which the curricula are distributed, providing - or not - a milieu conducive to debate on gender issues. These documents enable verifying whether HEIs are concerned with a holistic vocational education, beyond dogmatism and legal technicism, based on the analysis of the three fundamental axes of training provided by the undergraduate programs, namely: education, research and extension.
We know that it is not feasible to teach and assess Law fully without understanding the reality experienced in the social environment in which a college is situated. Social demands vary according to each region, so that it is not possible to establish a universal and standardized teaching formula capable of encompassing the peculiarities of any and all social contexts. It is therefore necessary to monitor the dynamicity of human relations and to conceive pedagogical projects and teaching plans respecting the individuality of each community.
Throughout their projects, the three higher education institutions in the municipality present an apparent concern with the introduction of students in the labor market and in the reality of the local community. In the documents chosen and analyzed, there is recognition of the university's role in relation to society, albeit in a generic and, certainly, abstract way. In addition to the ratified importance given to the training of professionals, the texts mention aspects that, at the textual level, refer to a humanitarian view, indicating that students need to build sensitive knowledge, citizen and environmental awareness, situating them as agents that transform the reality of which they are part.
Among the characteristics assumed by the projects, concepts such as flexibility and interdisciplinarity are recurrent as to the definition of central paradigms assumed by institutions and programs and the way in which the subjects are selected and distributed in the curriculum. Throughout the three documents, there is the option of a methodology, in theory, that claims to favor discussions of a social and everyday nature, seeking the construction of students' autonomy and critical view, mentioning the institutional commitment to surpassing, in theory, the mere presentation of content in the classroom.
Committing to encouraging debates relevant to the environment, the three selected undergraduate programs mention in their projects a work aimed at the inseparability between education, research and extension, through which the social demands of the local community, students and professors would be considered. Below, we present the analysis of these documents based on three basic axes: education, research and extension.
The Education Axis in the Pedagogical Projects of Law Programs in Arcoverde, Pernambuco
The three documents, throughout the program presentation, justification, objectives and methodologies, criticize legal education that is strictly technical and based on merely dogmatic strategies for understanding legal science. PPC 1, for example, provides for the need for the teaching of dogmatic subjects to be organized based on contextualized and contemporary discussions related to current issues. In its project, HEI-1 commits to encouraging critical thinking and the pursuit of other reflections regarding social issues that permeate the dynamics of social relations (2016, p. 14).
Furthermore, PPC1, when discussing the syllabuses and bibliographies of each curricular component, is the only document that reaffirms the pedagogical concern about critical training associated with each subject. Obviously, the analysis of the aforementioned project enables us to understand that the legal education proposed by the institution does not simply reject or disregard dogmatic subjects, but that, equally, there is no sense in reducing them to the mere interpretation of codes, manuals and schematized courses. In contrast, this aspect is recurrent regarding the analysis of the syllabuses of the other two elected PPCs. After all, the contents related to the propaedeutic and dogmatic/technical courses must be fluid and complementary, given the importance of understanding the Law in an interdisciplinary, holistic, and never stagnant manner (ALMEIDA NETO, CARDOSO, 2020a, 2020b).
The division of the courses of the three institutions analyzed follows a very similar line of reasoning: the propaedeutic courses or fundamental axis courses are located in the first three periods and the dogmatic courses or courses that are part of the vocational axis, in the other periods. As mentioned by Colaço (2006), this organization suggests that, as the program progresses, the natural interest in reflections related to social issues and in the courses of the fundamental axis decreases, a sense that influences the distribution of the courses made by the HEIs in question.
From the fourth period onwards, it is observed that the analyzed projects allude to few components that elicit broader and more in-depth discussions on topics related to social issues, including gender. Specific elective courses or complementary activities that fill this training gap are indicated for the students to choose. Thus, the fragmentary perspective (BONELLI, 2017) present in the training proposed by the HEIs implicitly shows how the legal programs analyzed exempt themselves from approaches related to the social accountability of students as future lawyers, thus fulfilling, in theory, only the minimal curricularization of subjects of political and social nature. In particular, in PPC1 and PPC3, the Human Rights course is mandatory. In PPC2 it is not mandatory and the document does not include elective courses that may be made available to students throughout the program, making it impossible to analyze the curricular priorities of the referred HEI.
PPC1 is the only one that has the topics “gender” and “gender violence” as mandatory content in the syllabuses, although it does not mention the word gender throughout the project. Courses such as Legal Psychology and Anthropology have, according to the syllabus, wide scope for gender discussions, but they do not deal specifically with the topic either. In theory, each professor is responsible for including (or not) the topic in the classroom. On the other hand, in the Legal Sociology component, content on gender is specifically mentioned in the syllabus, based on the content entitled “Law, Sociology and Gender” (2016, p. 82).
In the Human Rights course of the aforementioned PPC, there is specific mention of the study on women's rights in Brazil, sexual minorities and human rights (2016, p. 141). Also, in the Extravagant Legislation course, there is specific mention in the recommended bibliographies, specific works and critical works on the Maria da Penha Law (2016, p. 151). That is, of the 54 compulsory courses offered by the program, only 3 of them, 5.5%, specifically mention, at the intersection between the syllabus and the recommended bibliography, content involving gender issues and that elicit more in-depth reflections on the field. In addition to these, PPC 1 provides that, in the elective course called Protection Legislation, which provides the programmatic content “Women Protection Legislation” (2016, p. 180).
In relation to PPC 2, there is no mention of discussions related to gender issues throughout the text of the project nor in the syllabus available. In most courses of the vocational axis, the bibliographies chosen are only manuals, schematized courses and codes, except for the components Criminal Procedure Law I and II, which include some authors of extreme relevance to the critical analysis of the subject. Thus, despite the document mentioning a graduate profile defined as critical, citizen, with local social awareness (2018, p. 44), the indicated syllabus does not correspond to the stated objective. On the other hand, it denounces the maintenance of a traditional, uncritical and technical education (BONELLI, 2017; ALMEIDA NETO, CARDOSO, 2020a, 2020b).
It is important to note that, of the 60 compulsory courses of PPC 2, the Legal Sociology course is broadly mentioned as one of the only ones that would, in theory, provide discussions about gender - despite not mentioning the content specifically in its syllabus, leaving, again, at the professor’s discretion its discussion or not in the classroom.
PPC 2 also alludes that, in compliance with national legislation: “cross-sectional topics will be developed continuously throughout the program through several curricular units” (2018, p. 48). Again, the document is consistent with a generalist pedagogical discourse and does not commit to considering the topic in question. Also, courses that, according to the document, would deal with issues related to the field of human rights, social inclusion and exclusion, ethnic-religious minorities, vulnerabilities and social risks - Constitutional Law, International Law, Criminal Procedural Law I and Political Science and General Theory of State (2018, p. 48) - do not emphasize issues relevant to the study of gender issues in their syllabuses and bibliographies.
With regard to PPC3, this project textually establishes a commitment to the training of professionals based on a humanitarian view:
To train Law bachelors with differentiated education in the Fundamental Courses, which enable the critical and humanistic view that is intended to be achieved, with emphasis on the construction/evolution of Legal Thinking, legal logic, theory of argumentation, interpretation, and legal language (2018, p. 25)
Nevertheless, throughout the curriculum and in the approximately 62 compulsory courses, the only PPC syllabus that mentions “gender” and “gender inequality,” in an open way - closer to an objective than as a syllabus - is the curricular unit “Human Rights” (2018, p. 90). Regarding the Special Topics course, also made available by the HEI to the student body as mandatory, the syllabus and main and complementary bibliographies are not specified, on the grounds that: “the curricular content does not have a bibliography defined due to its integralization characteristics” (2018, p. 92).
Thus, HEI-3 theoretically places in this course the possibility of discussing issues in depth about important nuances for the field of gender issues, as can be seen in this excerpt extracted from the document:
We also highlight the inclusion in the curricular structure of the “Special Topics” component and the development of projects; such integrating elements are structured through activities that integrate the contents aiming at the development of interdisciplinarity and the critical and reflective reasoning of the students through the use of issues related to the content taught (2018, p. 34).
However, the lack of positioning and pedagogical direction of the course's syllabus are highly indicative of the apolitical option of higher education in Law in Brazil in adopting, according to Diniz and Cardoso (2021), an abstract position, empty of political meaning and without real commitment to the discussions assumed as less relevant to the technical work of law bachelors. The option to make the faculty responsible for including gender issues or not in the content that will be taught in each curricular unit reinforces the way in which institutions and people, on a daily basis, do not understand, reject or distort this field. Therefore, it is consistent with the historical traits between the legal elites and the political power.
In addition to the “Human Rights” unit, the other course that, as can be seen in the syllabus, could trigger discussions related to aspects of gender, inequality and violence is, again, Legal Sociology. However, there is no concern of the aforementioned PPC to refer to the content explicitly for the document. In the chart below, we demonstrate the number of times that gender issues are mentioned in the syllabuses of the three institutions, as a way of comparing and viewing in a unique way the absence of the topic in the pedagogical projects:
Chart 1 Number of times that intersections on gender studies are mentioned in the Pedagogical Projects of the Undergraduate Law Programs in the Municipality of Arcoverde - PE
| Higher Education Institution | Number of compulsory courses | Number of courses that include gender issues in the syllabus | Name of the course |
|---|---|---|---|
| HEI-1 | 54 compulsory courses | 2 | Legal Sociology; Human Rights |
| HEI-2 | 60 compulsory courses | 0 | - |
| HEI-3 | 62 compulsory courses | 1 | Human Rights |
Source: The authors.
In the eighth period of HEI-3, the course of Ethics is taken, but in this document, there is a predilection for Legal Ethics, focused on the Bar Examination. Among the elective courses available in PPC3 are: Libras, Customs Law, Education for Ethnic Racial Relations, Forensic Medicine, Electronic Law, Civil Rights and Biolaw, History of Legal Thought, Criminology and Community Law. However, elective course syllabuses are not available in the project, so there is no possibility to analyze their specificities.
The analyzed syllabuses, in dialogue with the contents defended throughout the documents, present mostly bibliographies and theoretical perspectives drawn from textbooks and schematized courses, without concern for the critical nature of the disciplines. According to Duarte, Dall and Souza (2012), although legislative modifications seek changes that favor deep debates in academia, institutions direct their efforts to adapt the names of courses, create new courses, and distribute them in the curriculum, only. Attention to the way content is constructed in the classroom is, in this sense, absent.
In general terms, the documentary analysis of the Pedagogical Projects of the Arcoverde Law Programs enables perceiving the generalist stance that the HEIs adopt in their projects. The documents are exclusively concerned with the theoretical-dogmatic adequacy to the National Legislation that regulates Legal Education in Brazil; however, without presenting didactic strategies for the practical implementation of such objectives. Thus, legal education in the municipality is organized in a manner that is not committed to addressing gender issues and related topics. The aforementioned type of syllabus, with an emptyuniversal stance, contributes to the fact that graduates are often unable to perceive the law in a contextualized way and committed to social issues and minorities. The fragmentation and technicality of the content seen in the classroom distances students from the situations experienced in society, especially by vulnerable groups. It is, therefore, part of the crisis in the national legal education.
The Research Axis in the Pedagogical Projects of Programs of the Educational Institutions in Arcoverde, Pernambuco
Including and fostering research during the undergraduate law program is a way of situating legal education beyond abstract knowledge, considering the necessary interaction of law with other fields of knowledge and also with interdisciplinarity. Ensuring the space for debate and reflection, through undergraduate research work, enables students to approach social phenomena and problems in a movement of hybridization of legal knowledge. In addition to university experiences, the research substantiates the sense of recognition of human plurality and diversity and in social relations, in order to situate and perceive legal knowledge in its complexity (PEREIRA, 2010).
Thus, the intersection between the education, research and extension axes for the training of undergraduate law students, often ratified in the documents that are the object of this study, as well as in the national legislation that deals with the pedagogical principles related to legal education, we analyze in this sub-item how undergraduate and academic research are arranged in the Pedagogical Projects of the Law Programs of the three Higher Education Institutions in Arcoverde that offer the undergraduate Law program.
Initially, regarding PPC 1, we observed that the HEI includes in its training proposal the incentive to undergraduate research, including among its curricular activities the performance of research as an axis that coordinates skills and abilities. The institution places the offer of scientific research opportunities throughout the program (2016, p. 29), in a transversal way. The pedagogical proposal of the aforementioned program provides the promotion of research in law programs based on the advancement of science and technology, emphasizing “creation and dissemination of culture, by provoking critical analysis and reflection on emerging issues in the legal context” (2016, p. 29).
However, PPC 1 does not clearly plan the ways in which the institution will provide students with a favorable environment for research, nor does it present the projects, in particular, based on which undergraduate research activities will be arranged - despite systematically demonstrating, throughout the pedagogical project, recognition of the importance of legal education being guided by the inseparability in relation to research and university extension.
PPC 2, in turn, lists some unspecific goals and actions aimed at instrumentalizing research during the undergraduate law program. Among them, Goal V, which provides:
[...] Create undergraduate research plans suitable for the various undergraduate programs. Actions: 1. Establish technical and scientific cooperation agreements for exchange of knowledge and conduct of research of interest to HEI-2. 2. Support the proposals for the participation of professors and students in scientific and technological events. 3. Support professors and students in holding events of a scientific and technological nature. 4. Develop programs, complying with the priorities of HEI-2. 5. Define the logistical contribution and financial resources necessary to achieve the goal (2018, p. 22).
Throughout the text of the aforementioned PPC, the presentations of goals and actions to foster research continue, but seem to encompass all the programs taught by the institution, providing no direction to the peculiarities of law education, as in goal VIII, transcribed below:
[...] Establish lines of research meeting the undergraduate programs offered by HEI-2 and the specific goals of the various sciences. Actions: 1. Implement disciplinary, interdisciplinary and multidisciplinary study centers. 2. Structure digital literary (training) program. 3. Develop strategies for disseminating scientific production. 4. Define the logistical contribution and the financial resources necessary to achieve the goal. (2018, p. 22-23, emphasis added)
The research-related objective, described in the project, refers to achieving citizen and democratic enhancement, the defense of the environment, of life, systematically ratifying the association of scientific training with the other axes of higher education (2018, p. 33). HEI-2 is committed to its curricular proposal to provide a favorable environment for the idealization of research groups and projects.
Without any specification, the use of indefinite terms is recurrent throughout the document, as observed in the following excerpt: “To enable the formation of research groups in favor of strengthening the specific area of knowledge, in addition to the coordination between the various areas” (2018, p. 34, emphasis added). Among the research activities provided in PPC 2 is the “participation of students in scientific and technological events of a national and international nature; Establishment of technical-scientific cooperation agreements” (2018, p. 76).
The presentation of the PPC 3 research policy provides, following the other two projects, for promotion of the participation of both students and professors in carrying out undergraduate research projects, and supporting the production of knowledge through the participation of both in scientific events (2018, p. 42). Also according to PPC 3, the institution will encourage scientific production by granting scholarships to professors and students (2018, p. 42). In addition, HEI-3 demonstrates that it will support “the dissemination and/or publication of theses, dissertations, monographs or other academic or professional works” (2018, p. 51). Finally, such as the provision of infrastructure for events, a library for the dissemination of research, and a space created in an institutional website for the dissemination of works and projects (2018, p. 51).
Although the three documents recognize the importance of research in the critical education of law professionals, the only Higher Education Institution that explicitly makes available its study and research groups that are registered - including in CNPq - is HEI-1. The other institutions that have offered the law program for less time have not institutionalized such axis in their projects, despite mentioning throughout the pedagogical projects the commitment to fostering undergraduate research. These aspects, according to Pereira (2010), show the didactic fragility of program projects as to the subsequent instrumentalization of research groups and projects, seen as issues of little or no importance in relation to the dogmatic and technical training of law programs. The institutional choice of educational priorities and the lack of preparation of the staff of professors who, for the most part, have extensive experience in legal practice, but lack training to advise students for undergraduate research, reinforce the political and ideological commitments assumed in the legal academia (DINIZ, CARDOSO, 2021).
The extracted and analyzed excerpts show the pedagogical gaps of the institutions' proposals in relation to the research axis and, particularly, regarding the improvement of teaching strategies. The lack of institutional incentive shows the distancing of research from the reality of many students who, usually, only have contact with research in the compulsory courses focused on the preparation of the program completion paper, at the end of the program, only. This aspect, according to Pereira (2010, p. 2,732): “is not enough to establish the starting point for future professors at the master's and doctoral level.”
Therefore, the “research” axis, in the analyzed programs, contributes little to the critical approach and debate. Despite not ensuring discussions on gender inequality, diversity and sexuality, scientific research presents alternatives for such discussions to be considered (ALMEIDA NETO, CARDOSO, 2020b, CARDOSO, 2014). However, the three institutions are neglectful and were concerned with referring to the promotion of research in a massive way, only, without proposing, in a singular way, projects or actions related to scientific and legal education in the projects and curricula of the programs.
The “Extension” Axis in the Pedagogical Projects of Programs of the Educational Institutions in Arcoverde, Pernambuco
With regard to University Extension, PPC1 mentions the institutional function, as to implementing the university's social role and all the knowledge produced through research and education activities, in conjunction with extension activities (2016, p. 18). Thus, the document presents the goal of establishing the 10% index of curricularization of its curricular components as extension initiatives (2016, p. 4). This is an important objective, considering that it directs students to the aforementioned type of supplementary activity. In addition to PPC1, PPC2 also stipulates that 45 hours of supplementary activities, about 21.42%, must necessarily be dedicated to university extension (2018, p. 55).
Given the wide range of supplementary activities available, without the aforementioned end, there are considerable chances that students go through the entire undergraduate program without contact with extension activities. It is worth mentioning that such level is not established by the legislation that deals with the guidelines and provisions concerning Higher Education and Law programs; the minimum requirement of 10% of the total curriculum being extension is regulated as a goal instituted in Resolution No. 07 of December 18, 2018, of the National Education Council, which establishes the Guidelines for University Extension in Brazilian Higher Education and governs the provisions of Goal 12.7 of Law No. 13,005/14 (BRASIL, 2014)5: “[...] the undergraduate program must have up to 20% of its workload dedicated to supplementary and legal practice activities (BRASIL, 2018, p. 13).
PPC1 situates the Legal Practice Center based on the purpose of serving the most vulnerable population for the provision of legal guidance in the area of Civil Law and Criminal Law (2016, p. 30). The project, in theory, would function as an extension activity. However, since the development of the Pedagogical Project, until the moment of the production of this research, the Center was not opened.
PPC2 and PPC3 also mention the Legal Practice Center, a mandatory curricular component of the law programs required by Resolution No. 5 of December 17, 2018, in its article 66 (BRASIL, 2018). According to PPC2, the activities carried out in the program have the following objectives:
I. Provide theoretical and practical experiences that enable preparation for legal work. II. Provide students with practical training for exercising the operation of the law. III. Conduct practical activities that build the capacity of students so they are able to examine documentation, issue suggestions and opinions, with the objective of legal resolutions considering the specific case. IV. Enable vocational theoreticalpractical learning, enhancing skills and techniques through real and simulated activities. V. Provide attention to documents and deadlines giving them practical experience of forensic routine and extrajudicial measures (2018, p. 63).
As can be inferred from the objectives indicated above, there is a certain difference between the activities of mandatory legal practices, more common in legal higher education institutions in the country, and extension projects, actions and programs. The first, as inferred by Colaço (2006), is linked to professional practice and may even, as mentioned in article 6, § 57, of Resolution No. 5 of December 17, 2018, article 6, (BRASIL, 2018), include simulated activities. The second, according to the author's understanding, is planned beyond the mandatory supervised internships and enables the approach to social issues on a voluntary basis, valuing the humanization of pedagogical and educational processes, which may, in turn, impact others public and social institutions, carrying out processes of listening, referrals and partnerships with municipal agencies.
When referring to the university extension axis, PPC 1 plans to maintain agreements and partnerships that are supplementary to the legal practice internship, in order to encourage, thus, the voluntary participation of students, who will provide assistance to the citizens of the municipality, as a way of extending the results of the institution's work and research to the local community (2016, p. 31).
On the other hand, in PPC2 there is no mention of the idealization of extension projects; however, it presents two goals for the implementation of the extension axis in the HEI:
Goal III: Promote the culture of valuing the demands of Diversity and the Environment.
Actions: 1 Diagnose the demands in the area HEI-2 is situated. 2 Develop programs and projects in interface with institutions and segments of society. 3 Define the logistical contribution and financial resources needed to achieve the goal [...] Goal IX: (Re) define the Institutional Extension Program (PIE) based on compliance with Brazilian legislation as a basic assumption. Actions 1. Develop regulations adapting them to the legal requirements and respecting the peculiarities of each extension action. 2. Develop mechanisms to support the implementation of extension programs, projects and courses. 3. Systematize the supply of extension actions aimed at enriching the students' individual path observing their situation within the programs. 4. Define the logistical contribution and financial resources necessary to achieve the goal (2018, p. 22).
The goals and actions - as when we deal with the PPC2 research axis - are presented without the extension actions carried out at the institutional level maintaining inseparability from the Institutional Development Plans, the Institutional Political Projects and according to the profile of the graduate.
PPC3, in turn, is committed to the implementation of “important Extension projects in the human and social areas, some of which are in partnership with the community where it operates” (2018, p. 4). The Social Responsibility and Sustainability Program, an Extension Program, is also presented throughout the document. However, the actions presented in the aforementioned program, which are organized and distributed in all semesters, such as solidarity hazing, environment week, Black Awareness Day, Solidarity Easter (2018, p. 3839), seem vague and disproportionate for an undergraduate law program that presents significant potential for social transformation.
Beyond the theoretical plan, the only HEI that provides extension projects is that of PPC1. Unlike the other two undergraduate programs, HEI-1 has a variety of projects and extension programs, all associated with gender discussions. The first provides legal assistance to women who are victims of domestic violence; the second provides legal assistance to women who are victims of gender violence, due to their sexual orientation or gender identity, and assistance for trans women who wish to change their civil names in documents; and, the third, organizes the discussions in schools in the municipality.
It is important to note that the above actions intersect the partnership with municipal bodies that provide some kind of assistance to this group of people, especially the Women's Coordination, the only public body for the protection of women in the municipality, founded in 2016, the same year as the beginning of the HEI-1 project, which is now a program. As for the LGBTQI+ population, there is no municipal public agency that deals with the specific demands of the group. Thus, some popular collectives were created that play the role of the government and end up promoting events, debates and actions for the benefit of this group in conjunction with the aforementioned HEI. Therefore, it should be noted the need to encourage the initiative of the Higher Education Institutions of Arcoverde in the face of the neglect and lack of structure of the city, after all, the programs should not be exempt from social responsibility.
Also, aiming to serve trans women, excluded from public spaces, and University initiatives, HEI-1 established a partnership with an LGBTQI+ collective. Understanding the role of the university, which must seek to improve existing services, contribute to movements and processes of struggle and, through orderly, reflective and motivated actions, problematize and pursuit of ways to solve social demands (DINIZ, CARDOSO, 2021), especially based on the expansion of autonomy and the emancipation of these groups (CASADEI, 2016), in a dialectical movement of humane and academic education (BENTO, CARDOSO, 2021a). The point is situating gender diversity as a fundamental element for the practice of extension projects.
When considering the 7 municipalities with the number of inhabitants close to the city of Arcoverde, Pernambuco, as a way of perceiving how the municipality ranks in relation to domestic and family violence against women, we find the following situation: 1st place - Serra Talhada, with 4,264 cases and 86,350 inhabitants; 2nd place - Goiana, with 3,747 cases and 80,055 inhabitants; 3rd place - Arcoverde, with 3,495 cases and 74,822 inhabitants; 4th place - Carpina, with 2,743 cases and 84,395 inhabitants; 5th place - Araripina, with 2,518 cases and 84,000 inhabitants; 6th place - Gravatá, with 2,486 cases and 84,699 inhabitants; 7th place - Belo Jardim, with 1,573 cases and 76,687 inhabitants (SDS, 2020).
According to data provided by the Department of Social Defense (SDS, 2020), Arcoverde has approximately 0.80% of the population of Pernambuco and, between 2012 and 2020, it had in its territory 1.2% of the registered cases of domestic violence against women in Pernambuco and, since 2018, it has shown uninterrupted growth in the number of cases, which situates Arcoverde in a position of attention in relation to gender violence, and as to the importance of legal professionals in this context.
In the analyzed documents, despite the apparent concern throughout all the texts with introducing students into the reality of the municipality, in uniting the axes of education, research and extension, there is no mention of gender issues. The three Higher Education Institutions adopt - when they adopt - an open and unspecific discourse on issues of great social relevance. Therefore, there is no concern with assuming a stance specifically when referring to the axis of university extension, as well as in the other axes analyzed.
Final Considerations
The present study aimed to analyze the political, scientific and pedagogical role of legal higher education in the face of gender violence in the municipality of Arcoverde, Pernambuco. By carefully evaluating the Pedagogical Projects of Law Programs of the municipality and thus contextualizing the chosen discussions, we problematized the trend of national and local legal education, distributed among the three axes referred to by national legislation for the academic training of professionals, namely: education, research, extension.
We found that, despite the apparent concern of the three Higher Education Institutions as to the non-reproduction of technical education paradigms and as to the inseparability between the three dimensions, the documents do not establish unique didactic positions regarding the debates on gender inequality, gender violence, discrimination, violence and cultural diversity. Thus, the three institutions build the program presentation in a way that is unrelated to the local reality, which, as observed, has significant figures for gender violence and an inexpressive structure for fighting it.
As for the education axis, little space is reserved for gender issues throughout the syllabus. Of the three institutions, one of them, HEI-2, does not even mention the content in its subjects, not even randomly. According to the analysis, there is inconsistency between the program presentations and the syllabuses and recommended bibliographies, and HEI-1 is the only institution concerned with explicitly referring to the need for critical reflection of each component made available.
Regarding the research axis, the programs adopt a fragmented discourse, despite the recognized importance and the commitment to foster undergraduate research established in the documents, the goals and actions included are generic, and there is no way to recognize the institutions’ intention to commit to specific topics. The only HEI with registered research groups is HEI-1, that is, without the institution's support, the students end up having contact with the axis in the compulsory courses of Scientific Research Methodology and Program Completion Paper, which compromises the construction of knowledge in a way critical manner.
Regarding university extension, the documents also adopt a stance that does not establish specific objectives. Legal practice, in turn, is assumed to be a central element of this axis. Although HEI-1 and HEI-2 commit to the curricularization of the minimum university extension, which is required by regulatory bodies, the projects do not include goals focused on topics that contribute to improve the reality of the municipality and its local needs, including gender issues. The documents are structured solely with the concern of meeting basic requirements that guarantee authorization to operate and recognition by the MEC, without the actual intention of promoting discussions aimed at changes in the local community. The political-pedagogical role that should - in theory - be played by the undergraduate law program is absent, as is the construction of a horizontal view of at social and gender minorities.
Therefore, the documents demonstrate the semantic, didactic and pedagogical emptiness of the proposals and the adoption of poorly articulated and apolitical discourses by institutional projects, which directly affects the approach to gender issues in legal education. We observed a limitation regarding the object of research analyzed, since the documents are vague in several aspects and, particularly and systematically, leave it up to professors to devise initiatives involving social issues, including gender issues and related issues.
Therefore, the pedagogical projects analyzed, as such, do not establish didactic parameters that contribute so professors address the topic in question in the classroom and so the minimum objectives established by the program for citizen higher education are, in fact, fulfilled. Although it is not possible to determine - based on the analysis of the documents alone - the institutional justifications for the lack of implementation of education, research and extension projects that address and problematize gender issues, this is a significant gap in the legal higher education of the municipality of Arcoverde and Sertão de Pernambuco. Finally, issues related to the technical and dogmatic practice of the programs end up being assumed, almost exclusively, as quality elements of the higher education of law bachelors.
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1Art. 43. The purpose of higher education is to: I - stimulate cultural creation and the development of the scientific spirit and reflective thinking; II - train undergraduate students in the different fields of knowledge, qualified for introduction in professional sectors and for participation in the development of Brazilian society, and contribute to the their continuing education; III - foster the work of scientific research and investigation, aiming at the development of science and technology and the creation and diffusion of culture, and thus develop an understanding of man and the environment in which they live; IV - promote the dissemination of cultural, scientific and technical knowledge that constitutes a world heritage and communicate knowledge through education, publications or other forms of communication; V - raise the permanent desire for cultural and professional improvement and enable the corresponding achievement, integrating the knowledge that is gradually acquired in an intellectual structure that systematizes the knowledge of each generation; VI - foster knowledge of the issues of the present world, in particular the national and regional ones, provide specialized services to the community, and establish a relationship of reciprocity with it; VII - promote extension, open to the participation of the population, aiming at the dissemination of the achievements and benefits resulting from cultural creation and scientific and technological research generated in the institution. VIII - act in favor of the universalization and improvement of basic education, through the education and training of professionals, the execution of pedagogical research, and the performance of extension activities that bring the two school levels closer together (BRASIL, 1996)
2Art. 2 The Pedagogical Project of the Program (PPC) should include: § 3 The educational activities of Law programs must be coordinated with extension and undergraduate research activities.
3Art. 4. The undergraduate Law program must provide vocational training that reveals, at least, cognitive, instrumental and interpersonal skills that enable students to: X - accept cultural pluralism and diversity;
4The official documents were provided by the educational institutions. Additional information was consulted on the pages of the respective institutions, in the Ministry of Education and the State Education Council of Pernambuco.
5Goal 12: raise the gross enrollment rate in higher education to 50% and the net enrollment rate to 33% of the population aged 18 to 24 years, ensuring the quality of supply and expansion to, at least, 40% of new enrollments, in the public segment. 2.7) ensure, at least, 10% of the total curricular credits required for graduation in university extension programs and projects, orienting their action, primarily, to areas of great social relevance.
6Art. 6. Legal practice is a mandatory curricular component, essential for the consolidation of the desired professional performance, inherent to the profile of the graduate, and each institution, by its own collegiates, must approve the corresponding regulation, with its different operational modes. (BRASIL, 2018).
Received: March 25, 2022; Accepted: June 06, 2022; Published: August 19, 2022










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