Revista de Políticas Públicas (Jan 2019)

A INCONSTITUCIONALIDADE DO MOVIMENTO “ESCOLA SEM PARTIDO”

  • Ane Elisa Perez,
  • Mariana Gomes Mascarenhas

Journal volume & issue
Vol. 23, no. 2
pp. 514 – 533

Abstract

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The article analyzes, from a legal and constitutional point of view, the aims of the “School Without Party” movement through a profound doctrinal research on the constitutional purpose of education in Brazil and also from the perspective of the Federal Supreme Court (STF) and International Treaties. This study is done through deep bibliographic research and judging and aims to highlight the unconstitutionality of the normative instruments that derive from the movement “School Without Party”, in relation to the purpose of the movement and under the terms already analyzed by the STF, with emphasis on the violated constitutional principles and guarantees, especially those that should achieve the exercise of the chair and the full guarantee of access to education. The article, moreover, justifies the conclusion by the unconstitutionality of the instruments derived from the movement, with the due indication of violations, which are incompatible with the guarantee of a democratic society.

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