A proteção dos grupos em situação de vulnerabilidade pela jurisdição constitucional na perspectiva do constitucionalismo transformador e do ICCAL : a formação de uma comunidade de prática em direitos humanos a partir da incorporação das bases teóricas dos processos estruturais nos cursos de direito.

Abstract

The research proposes the incorporation, into law school curricula, of teaching the theoretical foundations of structural processes, in light of constitutional jurisdiction, transformative constitutionalism, and the Ius Constitutionale Commune in Latin America (ICCAL), considering the role of legal education in disseminating practices aimed at the protection of human rights and of groups in situations of vulnerability and structural discrimination. The investigation is conducted within the Graduate Program in Law — Master’s and Doctoral degrees — at the University of Santa Cruz do Sul, within the area of concentration Social Rights and Public Policies and the research line Instrumental Dimensions of Public Policies. It included the completion of a sandwich doctoral internship at the Faculty of Law of the University of Buenos Aires, under the Doctoral Sandwich Program Abroad (PDSE/CAPES), Selection Process nº 88881.933606/2024-01, Public Notice nº 30/2023, which contributed to the theoretical and comparative deepening of the research on processes. The study is based on the hypothesis that, although the National Curriculum Guidelines for Law Programs (DCNs) do not expressly require the inclusion of teaching on structural processes in the Pedagogical Course Projects (PPCs) of Law Programs, their interpretation implicitly opens space for incorporating this subject into Brazilian legal education, especially when guided by the need to train professionals capable of acting in contexts of structural litigation, directly related to the formulation, implementation, and oversight of public policies aimed at overcoming structural discrimination against vulnerable groups. The general objective of the research is, based on the provisions of the DCNs, to propose possibilities for inserting the teaching of structural processes into legal education, in order to train legal professionals committed to transformative judicial action, consolidating a community of practice in human rights oriented toward the protection of vulnerable groups, especially those who are victims of structural discrimination. As specific objectives, the research examines the contributions of the Ius Constitutionale Commune in Latin America (ICCAL), reconstructs the origins and development of structural processes in comparative law, analyzes their role in consolidating transformative constitutionalism, and finally evaluates strategies for their inclusion in undergraduate law curricula, as a mechanism for forming a community of practice in human rights — particularly through courses offered by Legal Higher Education Institutions (IESs) and through practical activities carried out within Legal Practice Centers (NPJs) and University Legal Clinics. For the development of the research, the hypothetical-deductive method of approach was employed, along with the analytical method of procedure and a combination of bibliographic and case-law research techniques. It is concluded that the DCNs do not expressly provide for the mandatory inclusion of teaching on structural processes in PPCs. However, a systematic interpretation of their provisions reveals the existence of implicit normative spaces that indicate the incorporation of this content into law curricula. The research identified and systematized alternatives for inserting the topic into the axes of technical-legal, practical-professional, and extension training, whether through integration into existing courses, the creation of specific curricular components, the activities of Legal Practice Centers, or the development of University Legal Clinics designed to operate from a structural perspective.