Análise constitucional e social da omissão de ideologia de gênero no plano nacional de educação – Lei nº 13.005, de junho de 2014

• Autor(a) principal: Fernandes, Lucas Exterkötter
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6014
• topic: Direito constitucional; Ideologia de gênero; Plano nacional de educação

The present study takes into account the constitutional and social analysis of the omission of gender ideology in the National Education Plan (PNE) - Law number 13.005, June 2014. The law in its basic text, before the approval, had classic terms related to the sexual option of the human being, a fact that generated great repercussion throughout the national territory, leading individuals from all social range to the discussion. With the term "gender" in its basic text, the possibility of applying the "gender ideology" in the PNE as a means of eradicating all sexual discrimination was discussed and, in this context, the French philosopher Destutt de Tracy teaches that ideology Is the origin of human ideas to the sensory perceptions of the external world, so the sexual gender is a social construction based on the personal idea about itself. Starting from this understanding, the gender ideology is the idea that the individual is male or female according to his own personal conviction, not taking into account his biological sex. Thus, in order to fulfill the goals and objectives of the PNE, the adherents of the gender ideology support its application in order to extinguish any sexual discrimination in society. However, due to the great repercussion that the basic text generated, the text of the law was modified before its approval, with the classic terms related to the sexual option taken from the plan and altering article 2, III, of the PNE for "eradication of all forms of discrimination", this fact generated great nonconformity on the part of the sexual minorities who claimed that such a withdrawal from the term gender ideology was an affront to constitutional rights, especially to equality. In the present work we tried to first demonstrate the concepts of ideology of gender, sexual identity, gender role, biological sex and psychological sex, bringing teachings and placements of the most influential jurists on the subject and, being clear the origin of the terms, it began to analyze its philosophical, social and constitutional aspect, together with the PNE goals. Finally, we turn to the result of the present work demonstrating the main differences on the subject, following with the law, the social appointments doctrine, ending with the conclusion. Using the deductive method, and the bibliographic research, being classified the level of the research as exploratory and the method of qualitative approach. In the first place, it was verified that there is great repercussion on the subject because many are ignorant of the subject and diverge on the concept of gender ideology and, when it comes to its application, it was concluded that the omission does not violate constitutional principles, once That the dignity of the human person and the eradication of any kind of discrimination remain one of PNE's basic goals. In the constitutional analysis of the gender ideology itself applied to the PNE, it is understood that such application is unconstitutional, since the Federal Constitution determines in its article 229 that the creation and upbringing of children is the duty and right of parents also the American Convention on Human Rights provides in article 12 §4 that parents have the right to morally educate their children, including religious and sexual precepts.