Didactic-Methodological Proposals for the Effective Teaching of Research Methodology in Law Courses

The “Mentoria De Pesquisa Em Direito” Experience Report

Authors

DOI:

https://doi.org/10.14393/RFADIR-v49n1a2021-56205

Keywords:

Teaching Law, Graduate Programs in Law, Legal Methodology, Legal Research

Abstract

There is nothing new in saying that Law graduates in Brazil have a hard time with "research methodology." This situation seems to arise structurally in the teaching of Law as an area of the scientific development of knowledge. However, up until now, many of the publications that delve into this pedagogical crisis have been limited to criticizing it and seeking responsible parties. This paper seeks a different path. It aims to contribute by reporting practical solutions that teachers may adapt to lecture and supervise students in a more effective manner in favor of the development of adequate methodologies for Brazilian legal research. Regarding the research problem, the paper asks: which didacticmethodological techniques can be incorporated into the effective teaching of research methodology? The hypothesis is that the adoption of an alternative methodology based on mentoring and problem-based learning is a viable model for teaching scientific methodology in Law courses. The research aims to report some of the didactic-methodological solutions to
the teaching of the scientific methodology through mentoring and problembased learning. As for the method (methodology), the research is inductive about its approach; its methodological objective is explanatory and propositional; its method of procedure is monographic based on case studies. The data collection technique is indirect (for documents and bibliography) and is direct, on the other hand, for collecting qualitative samples in a non-probabilistic (non-random) manner, chosen intentionally by judgment. The paper concludes that pedagogical practice through the joint approach of mentoring with problem-based learning seems promising compared to merely expository teaching of scientific methodology. Moreover, the technique described here seems to be instrumental in undergraduate classes. 

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Author Biographies

Henrique Marcos, Maastricht University, Holanda - Universidade de São Paulo, USP

Researcher and PhD candidate in Foundations and Methods of Law at Maastricht University Graduate School of Law. PhD candidate in International and Comparative Law at the Faculty of Law of the University of São Paulo (USP). Master in Legal Sciences at the Federal University of Paraíba (UFPB). Researcher at the Center for Studies in International Courts of USP ("Núcleo de Estudos em Tribunais Internacionais da USP", NETI-USP). E-mail: henriquejbmarcos@gmail.com

Antônio Ítalo Hardman, Faculdade de Rondônia (FARO)

Mestre em Ciências Jurídicas (LL.M/MSc) pela Universidade Federal da Paraíba, área de concentração Direitos Humanos (PPGCJ-UFPB). Professor de Direito Constitucional da Faculdade de Rondônia (FARO). Pesquisador do Grupo de Pesquisa História do Direito e Constitucionalismo (CNPq-UFPB).

Published

2021-09-07

How to Cite

Marcos, H., & Hardman, A. Ítalo. (2021). Didactic-Methodological Proposals for the Effective Teaching of Research Methodology in Law Courses: The “Mentoria De Pesquisa Em Direito” Experience Report. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(1), 288–313. https://doi.org/10.14393/RFADIR-v49n1a2021-56205