O direito à educação enquanto limitador da ação estatal na Segurança Pública na Arguição de Descumprimento de Preceito Fundamental (ADPF) 635

Resumo

This paper discusses the impact of public security and the dynamics of urban violence on the right to education. To guide the discussion, the framework of the analysis is the
 judgment of the Arguition of Noncompliance with Fundamental Precept (ADPF) 635, proposed by the Brazilian Socialist Party (PSB) against state Decrees 27.795 / 2001 and 46.775 / 2019, both state regulations regulating the policy of public security prepared by the Government of Rio de Janeiro. In the initial petition, amicus curiae memorial and important defense reports, information on the public security policy adopted, indicators and figures
 related to violence, lethality, and armed confrontations were presented to present the challenges that mark the control of the order in the state. A somewhat innovative aspect brought by the decision is a focus on the right to education, the role of the school, and the protection of minors in an environment marked by armed conflict and territorial dispute. Fanned by the applicant and welcomed by the Justices, it is a valuable legal and civil society
 debate about how violence impacts the right to education of adolescents and young people from favelas in Rio de Janeiro. The impact of violence was observed in addition to civil and political rights, disproportionately affecting the right to education of male and female students. From the loss of students' lives to the use of schools as a base of operations, it shows the mismatch of the policy with the protocols and principles provided for in national and
 international standards. In the light of state obligations in the implementation of the social right to education, the role of the Supreme Court, as guardian of the Constitution, imposed a new limit on state action. It is an injunction that offers social leaders and institutions the incentives to build new public security strategies and that enhances teaching and education as tools for peace and justice.

Ficha do documento

Tipo

Outro

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/31030

Temas

DadosEducação

Palavras-chave

ViolênciaSegurança PúblicaDireitos HumanosEducaçãoEscolaImpactoUso da ForçaLetalidade PolicialControle JudicialDireitoCultura e direitoArguição de descumprimento de preceito fundamental