A concepção solidarista de solução de conflitos nas relações inter-privadas frente à relativização da dicotomia público/privado e as adequações no ensino jurídico brasileiro : proposta de novo perfil de egresso em superação à lógica do litígio e em direção à lógica da solidariedade.

Abstract

The present thesis object was the research about the solidary conception of conflicts solution in private relations due to the relativization of the public/private dichotomy and, the necessaries adaptations on the juridical learning to its logic. The problem which has orientated the present thesis was proposed in this way: which would be the necessary adaptations to the prevision of the constant egresses profile on the current regulatory mark in the Law courses, due to the fact that juridical learning could become compatible with the constitutional solidary paradigm, going through its limitations caused in your historical link with the dispute logic in a way that the pacific solution on the conflicts will be concepted while a fundamental right to be implemented not exclusively by intermediate of the State, but also by the intermediate from the own private agents? The methodology of the research used was elected in harmony with the based theory reference (Noberto Bobbio in what consist the Law promotional function and Edgar Morin due to the juridical complex learning). The approached method was the hermeneutic-phenomenological being noticed a reflexive analysis concerning the object of its thesis investigation. The procedure method used was the functionalist, by virtue in which was verified the function of each part of the proposed problem. The research technique used was the indirect documentation, or, the research was based in the research available bibliographic area, according to its authors and sources listed in the end. The research problem was proposed in the end of the research, answered in this way: it is necessary that a new regulatory mark in the juridical courses in the Country disposes expressively regarding to its necessary implementation of the solidary professional profile. From now to a new transversal formation in solidary molds the future Law operator will be able to act in the contemporary complex society in a way of preventing and solve adequately the social conflicts. The juridical formation in solidary molds will be able to redirect the law learning as a whole and, especially in the private law, to a new juridical culture, trainee this personalistic, pacifists and functionalist in opposition to the current and persistent, individualistic, litigious and invigorated nationalistic formation.