Argumentação e direito: contribuições da teoria da argumentação para o ensino superior de direito

Abstract

This study aims to relate the Theory of Argumentation, by Chaim Perelman and Olbrechts-Tyteca, (based on the Argumentation Treaty and on Ethics and Law) to the teaching of Law, through the use, in areas relevant to the Argumentation, the rhetorical structure as a starting point for the systematic study of law and in particular, as a teaching methodology, complementary to the dogma of legal positivism (based on the Theory of Pure Law, by Hans Kelsen). By creating a relationship between the Argumentation and the teaching of Law, this intends to raise its relevance in light of the established crisis in the legal education, particularly on the approach to concepts and fundamental principles that underlie the law, within the current constitutionalism in Brazil. In order to illustrate this thesis, interviews were conducted with Law School Directors.