Federalismo cooperativo na educação básica e a alternativa consorcial

• Autor(a) principal: Fortes Junior, Mario Jorge Tenorio
• Data de Publicação: 2019
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23143
• topic: clausula pétrea; consorcio publico; descentralização; educação; federalização; municipalismo; pacto federativo; Sistema Nacional de Educação; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The art. 205 of the Constitution of the Republic ensures that education, despite being a right of everyone and duty of the State, is a necessary requirement for the exercise of citizenship. Nonetheless, official codes and practices related to public education (especially basic education) demonstrate the need to implement new public education policies, which include a greater participation of private institutions or even a centralization of ownership, doctrinal thinking that finds expression in the Draft Legislative Decree 460/2013, proposed by Senator Cristovam Buarque (PDT-DF), which establishes the convocation of a national plebiscite to discuss the matter. This project rekindles the debate about federalization and decentralization of public education, this time from two different perspectives. Initially, the federalization of education is debated in the face of the protection of the Brazilian federal pact (constitutional protection of the stone clauses) and, for this, discussions are inserted regarding its concept, diversity of models, evolution of the national model and fragilities, limits to exercise of the power of reform with its divergent currents (favorable and against federalization) and an intermediate position, based on the regionalized exercise of fundamental education. We discuss the (momentary) infeasibility of a federal (financial and operational) management model in this proportion and the possibility of educational loss due to the non-adequacy of teaching to the characteristics of the recipient. However, the eventual (temporary) impossibility of federalization of education requires the researcher to find an alternative capable of addressing the deficiencies identified in a significant number of Brazilian municipalities, which, due to economic fragility, are unable to provide the elementary School. In this perspective, the consortial alternative, a recent institute and implemented in some activities developed by the Brazilian municipalities, is presented, in order to reconcile Dewey's teachings and the federative pact, to promote a regionalised model of basic education that can contribute to distortions in Brazilian municipalism, make feasible the implementation of an effective National Education System and, eventually, serve as a transition model for the federalization of education.