A inviabilidade pedagógica do Projeto de Lei 867/2015: a criminalização do ato de ensinar e a judicialização das relações escolares no Brasil.

Abstract

Brazil has been going through a serious political and institutional crisis in recent years, which has generated a series of debates about changes and reforms within the Brazilian State. Among the most debated themes is the need for changes in educational policy, which should be seen as one of the ways, in the medium term, to remove the country from this unstable and uncomfortable situation. The current situation led to the emergence of radical groups that openly defended the end of the pluralism of ideas and pedagogical conceptions, the freedom of professorships and the normalization of censorship in educational spaces, contrary to constitutional principles enshrined in our charter, for example of Federal Law Project No. 867/2015, which attempts to change educational legislation and include the assumptions of what was mistakenly known as a School without a Party, disregarding not only the Federal Constitution, but the National Education Guidelines and Bases Law (Federal Law (Law No. 8,496 / 1996), the Statute of the Child and Adolescent (Federal Law No. 8,069 / 1990) and the Youth Statute (Federal Law No. 12,852 / 2013). In order to base the study on the pedagogical unfeasibility and the confrontation with the constitutional norms of the Bill of Federal Law nº 867/2015, the method used was the hypothetico- deductive method. Regarding the procedures, the work will be based on comparative, monographic and socio-legal approaches. The techniques used are related to bibliographic and documentary research. In analyzing Federal Bill No. 867/2015, we perceive the evident unconstitutionality of the proposal, since the law presents a series of contradictions with the provisions of the Federal Constitution that, in its article 206, says that the guiding principles of teaching-learning relationships are the freedom to learn, teach, research and disseminate thought, art and knowledge, as well as the full guarantee of pluralism of ideas and pedagogical conceptions. The proposal, in addition to being an affront to education and current legislation, still brings outdated references from the pedagogical point of view and what would be harmful attitudes in teaching- learning relationships, confusing concepts of theory and ideology, mixing gender references, identity and sexuality, as well as lack of knowledge about the functioning and division of Basic Education. The real risk, if approved, is to create an environment of fear and censorship in Brazilian schools, increasing conflicts, nullifying mediations and generating as a natural consequence of this process, an increase in the judicialization of school relations in Brazil. The Bill of Law No. 867/2015, besides being anachronistic, is not feasible in the pedagogical routine, due to the non-observance of the diversity of specific situations that are characteristic of teaching-learning relations