O direito à educação de crianças e adolescentes em situação de refúgio no Brasil : por uma política nacional de acolhimento linguístico, à luz da teoria da proteção integral.

Abstract

The research deals with the right to language education for children and adolescents in refugee situations in Brazil and the protection of the fundamental right to language through a national language reception policy, in the national territory, from 2010 to 2020. The research problem is: considering the fundamental and social right to education, what are the guidelines, within the framework of a national language reception policy, to support, in the teaching-learning process of formal education, children and adolescents in refugee situations in Brazil, who have a low proficiency in the Portuguese language? The hypothesis to the problem is that there are some specific actions for the teaching and reception, in basic education, of children and adolescents in situations of refuge in Brazil, whose mother tongue is not Portuguese. However, these are localized initiatives that are not part of an official public policy guideline aimed at the linguistic reception of children and adolescents in refugee situations in Brazil. Therefore, in order for the right to education to be properly exercised by children and adolescents who are refugees in Brazil, it is necessary to establish a national policy of language reception, in the light of the theory of integral protection, with the establishment of clear and oriented guidelines that guarantee language reception in the teaching-learning process of Brazilian formal education, providing schools with the means, resources and instruments necessary for effective integration. The general objective is to formulate guidelines for a national policy of language reception in the teaching-learning process of formal education for children and adolescents in refugee situations in Brazil who have low proficiency in Portuguese. The specific objectives are: to present the scenario of migratory movements in the 21st century, differentiating the existing migratory modalities; to study the inclusion of children and adolescents in refugee situations in the Brazilian educational system and the challenges they face, especially those with a low level of Portuguese, in exercising the right to education, due to the language barrier; to analyze the legal protection of children and adolescents in the situation of refugees in Brazil, and the exercise of the right to education and the fundamental right to language, in order to guarantee respect for the specific situation of a developing person; to study the public policies aimed at educating children and adolescents in refugee situations in Brazil, who do not have Portuguese as their mother tongue and, therefore, have low proficiency in Portuguese, in the formal education system; and to define the guidelines for educational policies to support children and adolescents in refugee situations in Brazil, with low proficiency in Portuguese, in the teaching-learning process of formal education. The research is related to the proposal of the UNISC Postgraduate Program in Law, especially the concentration in Social Rights and Public Policies and the research line Diversity and Public Policies. It is also related to the line of research of the advisor, Prof. Dr. André Viana Custódio, in the field of children's and adolescents' rights. The approach is deductive and the procedure is monographic. The research techniques are documentary and bibliographical. In the end, some guidelines are drawn up for the creation of a national language reception policy, aimed at the equitable inclusion of children and adolescents in situations of refuge in Brazilian basic education.