CIVIL INVESTIGATIONS ON ENVIRONMENTAL MATTERS IN LEGAL EDUCATION THE LAW BEYOND THE TRIALS

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Mônica Mota Tassigny
Francisco das Chagas de Vasconcelos Neto
Liane Maria Santiago Cavalcante Araújo

Abstract

In the teaching of Law, the study of practical cases gives prestige to the analysis of the content of judgments and decisions. However, in reality, there are complex legal problems that are not submitted to the Judiciary. Additionally, paradigm shifts between the late 20th century and the early 21st century, such as the recognition of diffuse and collective rights holders and the increase in extrajudicial techniques and methods of conflict resolution, demanded a new look toward legal education in times of complexity. Thus, we propose to analyze the extent to which civil inquiries can serve as the object of active and participatory methodologies capable of filling gaps and limitations that may exist in the study of judicial decisions in the teachings of Environmental Law. We assume that the interaction between civil investigations and active methodologies provides students with an opportunity for a broad and detailed analysis of the environmental issue complex. This is bibliographical and documentary research, with a qualitative approach. We conclude that the use of civil inquiries in the teachings of Environmental Law, with the use of active methodologies, benefits a protagonist formation of the student, in line with what the current legal system provides. Among them, “problem-based learning” stands out as one of the most fruitful for the study of extrajudicial procedures in question.

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Author Biographies

Mônica Mota Tassigny, Universidade de Fortaleza (UNIFOR)

Postdoc Internship in Constitutional Law at the Faculte de Droit de Aix en Provence, Aix-en-Provence, France. PhD in Socio-Economie du Développement from the Ecole des Hautes Études en Sciences Sociales (EHESS), Paris, France. PhD in Education from the Universidade Federal do Ceará (UFC), Fortaleza/CE, Brazil. Master in Education from UFC. Professor of the Graduate Program in Law at the Universidade de Fortaleza (UNIFOR), Fortaleza/CE, Brazil. Leader of the Study and Research Group in Law (GEPEDI).

Francisco das Chagas de Vasconcelos Neto, Ministério Público do Estado do Ceará (MPCE)

Master in Constitutional Law from the Universidade de Fortaleza (UNIFOR), Fortaleza/CE, Brazil. Graduated in Law from UNIFOR. Prosecutor at the State Prosecution Office of Ceará (MPCE), Fortaleza/CE, Brazil.

Liane Maria Santiago Cavalcante Araújo, Universidade de Fortaleza (UNIFOR)

Postdoc Internship in Constitutional Law at the Universidade de Fortaleza (UNIFOR), Fortaleza/CE, Brazil. PhD and Master in Constitutional Law from UNIFOR. Specialist in Procedural Law: Great Transformations from the Universidade do Sul de Santa Catarina (UNISUL), Tubarão/SC, Brazil. Researcher at the REPJAAL and GEPEDI Groups, both at UNIFOR.