O ensino jurídico nos porões do litígio: a política pública de tratamento adequado dos conflitos e as estratégias da governamentalidade no âmbito do Serviço de Assistência Jurídica da UFPel

Abstract

This research verifies how the strategies of neoliberal governmentality are practiced in the teaching of the "National Judicial Policy of adequate treatment of conflicts of interest within the scope of the Judiciary", next to the Service of Judicial Assistance (SAJ) of the Faculty of Law of the Federal University of Pelotas - UFPel. The relevance of this theme lies in the fact that legal education is a privileged locus for the assumption of strategies that will be effective in the treatment of this public policy that seeks to promote a new culture of consensus in the legal environment. Thus, contextualizing the social environment in which the teaching practice of this public policy is found is a condition for an attempt to understand the content that the teacher intends to pass to the student in formation. This supposed change in the state administration of conflicts, as well as covering up the biopolitical bias (FOUCAULT, 2008) engendered by neoliberal power and governmentalality (FOUCAULT, 2008) reveals the minutiae of power and resistance relations operated by the agents of such politics: conciliators and the parties in the conflict. Thus, the reader is placed in the construction of the scenario in which this research was carried out empirically. Preambularly, it is considered the form of thought called post-structuralism, evidencing Michael Foucault as the main theoretician. The Foucauldian notions of power relations, resistance and normalization are presented. Then, it is investigated how the discipline and the biopolitics can be considered strategies of power in the society of normalization. It presents the right to access to justice, its foundation in human rights and the challenges facing the contemporary movement for the judicialization of life. The notions of governmentality are retaken to demonstrate how access to formal justice and human rights are used as a biopolitical strategy. The neoliberal governmentality scenario is analyzed in the emergence of the multiport movement. Finally, the analyzes of the data obtained in the field research carried out at the Judicial Assistance Service of the Federal University of Pelotas (SAJ / UFPel), about governmentality strategies in the legal education practices of the National Judicial Policy on Adequate Treatment of Conflicts of Interest. In order to infer the practiced practices, in addition to predominantly inductive research and review of bibliography on the subject, a non-participatory observatory empirical incursion, focus group and semi-structured interviews were carried out, predominantly within the scope of the SAJ of UFPel, located in the city of Pelotas, Rio Grande do Sul. The intention was to examine how the relations of power permeate the practices of conflict resolution in these environments and how the notions of biopolitics and governmentality are radiated by such practices, and to deny the discourse of the politics of consensual resolution of conflicts based on the power relations that are built on the practices developed in the services provided by the SAJ, which reveals the use of the resources of biopolitics and neoliberal governmentality in the scope of public judicial policies.