Metodologias ativas na educação superior: uma análise histórica, contextual e jurídica das práticas educativas e da responsabilidade civil das instituições de educação superior no Brasil

Abstract

Education is a vital human right essential to achieving social justice, but its application, especially in higher education, faces numerous challenges. Teaching methods have evolved from traditional pedagogy, centered on the teacher and passive student learning, to a new pedagogy that values school as a space for equality and learning to learn, culminating in a technocratic pedagogy focused on learning by doing and the development of competent and productive individuals. Beginning in the 1970s, the shift away from project-based learning and the rise of the internet led to the development of distance learning. In the 21st century, active methodologies, such as problem-based learning and flipped classrooms, have become prominent, focusing on student-centered learning. This study aims to answer the question of whether higher education institutions can be held legally liable for failing to apply active methodologies, based on doctrine, legislation, and the case law of Brazilian higher courts.Some active teaching methods will be analyzed, the (im)possibility of civil liability of institutions regarding their poor implementation, and the need for continuous education of teachers. The research will employ bibliographic, exploratory, documentary and jurisprudential hermeneutics to analyze the existing literature and identify the (im)possibility of civil liability of higher education institutions for the poor application of active methodologies, through the qualitative approach method. This research method is essential for qualitative studies in education and in human sciences, guiding research and ensuring academic integrity through adequate instructions. The conclusion will summarize the findings and offer recommendations for future research in the field of education as a way to strengthen citizenship, focusing on the use of active methodologies and the possible civil liability of higher education institutions for failure to apply such methodologies, maintaining an interdisciplinary dialogue between education, citizenship, and law.