Ensino da responsabilidade civil na graduação em direito

Abstract

Considering the importance of the subject, this essay discusses what the teaching of tort law in undergraduate means nowadays (this subject has been studied more in the interest in training active professionals for the so-called damages’ industry than agents ethically bounded with damages prevention practices or rights protection, what evidences that, in this aspect of the study of tort law, a few attention is assigned to the concept of legal goods); as tort law is a part of private law (despite it seems a accessory subject of the law of obligations, tort law was in the origins of private law: this statement is based in the need of repairing damages or, more precisely, to prevent them – without which there is not security in society); as tort law is a part of private law (tort law presupposes a structure which contains all argumentative tools able for the elaboration of suitable handbooks, with general principles to conclusions for each case, predictable or not, but, mainly, whether an advance from handbooks to technical-critical treatises is needed, due to the importance of this subject and its relation with other fields of law); as tort law is an important part of private law (it is just a study which emphasizes the singularity of tort law can offer a reflection about the founding and elements of tort law instead of present to undergraduate law students in the study of compensation calculations, which comprehends the reflection about the relation with tort law and other law areas and the direct contact to the world of visible practice in other sciences and humanities); if tort law can be the most important part of private law (it can be the upper single part in the pedagogic system of private law, unless tort law accomplishes the intellectual task to develop with consistency its general theory; on must evidence that tort law may be a way to see private laws as a strengthening tool for people); as all of these statements are relevant for the teaching of private law in undergraduate (it is about to develop a discussion based on a ideal of graduation excellence which paradigm is the public university, with no overture for anti-university patterns or private universities and repetition courses; it is about to highlight that the teaching of tort law must evidence an ideal of university that has been challenged by the paradigm of compensation’s perspective, argued by private universities and repetition courses); this will mean the teaching of tort law in undergraduate (the study of tort law is the unique opportunity to establish a rich intersectional relation among the parts of private law as well as the other law subjects – it is the way to start the study of the legal thought in the set of social sciences problems, with which tort law can be in accordance with or in opposition of it); finally, which results can be reached to the teaching of tort law (probably we cannot reach a new unique model of study of tort law and even the law, but on might reach new other models that correspond to a localized and particularized pedagogic views that are going to bear in our great country).