Escola sem partido : uma análise da inconstitucionalidade das legislações sob a perspectiva formal e material e o seu controle de constitucionalidade.

Abstract

This paper seeks to analyze and understand the possible unconstitutionality, from a formal and material perspective, of the municipal and state laws that seek to establish the guidelines of the “School Without a Party” movement, pointing out how the constitutionality of these laws has been controlled. In these terms, the problem unfolds as follows: do the laws that establish the guidelines of the “School Without a Party” movement materially and formally affront the Constitution, under the guise of protecting constitutional freedoms? How has the Judiciary controlled the constitutionality of these laws? The approach to this monograph will be the hypothetical-deductive method, using exploratory research, through bibliographical research, with a survey of information in works and scientific articles already published, either electronically or physically, by renowned authors and specialists on the subject. In this way, works and case law will be analyzed in order to resolve the hypotheses raised by the topic. Finally, based on these perspectives and the concentrated control of constitutionality, the formal and material unconstitutionality of the legislation arising from the “School Without a Party” movement was found, and its maintenance in the legal system resultsin the curtailment of the exercise of fundamental rights incident and inherent to Brazilian basic education, in accordance with the guidelines established in the Federal Constitution and, in a supplementary manner, the general provisions of the Law of Guidelines and Bases of Education (Law No. 9.394/96).