Fineduca (Sep 2020)
Mutations of the State Social Face by Constitutional Amendment 95 and its Effects on Educational Policies
Abstract
The Constitutional Amendment (CA) number 95/2016, which amends the Transitional Constitutional Provisions Act to establish the New Tax Regime, will have substantial impacts on the financing of Brazilian social policies, in the present time. We will question the legitimacy of the said Amendment in relation to the constitutional provisions of legality and reasonableness present in the Brazilian legal system, through a bibliographic and documentary research.The analysis of the documents was based on the content of the seven Direct Actions of Unconstitutionality (ADI) filed at the Supreme Federal Court, highlighting arguments that support the thesis of the Amendment's unconstitutionality, as contributions to support interpretations about the future behavior against the ADIs filed in that instance. The harmful effects of this Constitutional Amendment on the goals of the National Education Plan will also be addressed, especially those that directly affect the education funding.
