Navegando por Assunto "Direito à educação"

Agora exibindo 1 - 11 de 11

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Ações afirmativas: a constitucionalidade da política de cotas para negros em universidades brasileiras
(Universidade Federal do Pará, 2013-11-01) ALMEIDA, Thaiana Bitti de Oliveira; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The object of this work is to demonstrate the possibility of implement quota for black people in brazilian universities aiming to reach material equality throughout affirmative actions, as a way of minimalizing the consequences of historically cultivated prejudices that are still alive in our society under forms of discrimination. To accomplish this goal, we have proceeded to the analysis of the principle of equality and non-discrimination, linked to the principle of human dignity according to Ingo Sarlet's formulations. Afterwards, the theories of justice by John Rawls and Ronald Dworkin, named justice as equity and equity of resources, are studied as well as their relations with affirmative programs. Proceeding the research, we have studied the affirmative actions and the quota policies toward brazilian universities, tracing the characteristics of Brazil's academic population and highlighting the importance of equally ensuring the access to higher education. We analyze the criterion of justice, compatibility and efficacy identified by Brito Filho, the same ones that justify the implementation of quota and that are present in Ronald Dworkin's work, applying each of them to brazilian reality. Finally, we have demonstrated the quota policies' constitutionality in Brazil under the pluralist view about this subject that comes from Federal Supreme Court.
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Cotas raciais na UFPA: as percepções de estudantes cotistas sobre suas trajetórias acadêmicas
(Universidade Federal do Pará, 2015-06-11) LEMOS, Isabele Batista de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
In the field of studies about the functioning of race-based affirmative programs, the research delimits the Amazon region, precisely the Federal University of Pará (UFPA), to analyze the narratives of students who entered into the university by the racial quota system and have graduated or are close to complete their graduation. Through methodology based on life stories, thirteen academics from Law, Social Sciences, Computer Engineering and Medicine were interviewed, in order to make them talk about their experiences during the graduation as black students and as racial quota beneficiaries. The conclusions of this study suggest that, referring to the thirteen students interviewed, the program of UFPA has been effective in providing for these young people the access and the successful stay at the university, although they still face financial difficulties, problems to access cultural benefits and prejudice, both because they are racial quota beneficiaries, both because they are black.
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Direito à educação e o Ministério Público do Pará - sua atuação como agente fiscalizador
(Universidade Federal do Pará, 2010-05-11) BRAGA, Diana Barbosa Gomes; OLIVEIRA, Ney Cristina Monteiro de; http://lattes.cnpq.br/4355112931326342
This dissertation aims to demonstrate the role of prosecutors and his role as supervising agent of the state in ensuring the human right to education. The same is bound to the Post Graduate Institute of Education UFPA line Public Policy Education. We seek to understand how the movement to expand the state in ensuring social rights permeated by the participation of civil society. This study examines the work of the institution through the action of the Courts of Law for Children and Youth and Attorney Constitutional Education in the city of Bethlehem from 2002 to 2008. With reference to the legal-political paradigm of the 1988 Federal Constitution, which assigns this state entity, the promotion of social interests as well as the supervision and control among the population of the legality of the interests and public policies related to educational services, we seek to understand the limits and possibilities that this body has. Education, public right, is highlighted in our last Charter, ensuring political force in the legal area. The possibilities of putting it was extended, because its security is supported in normative constitutional and infra, and consolidated through the implementation of public educational policies. In defense of law, the democratic regime, the social interests of this institution presents itself differently from other state bodies, as to protect the rights of collective and can claim responsibility and through its legal instruments to statehood. This study is structured in three parts. We begin the discussion of the state attempting to establish relations of civil society participation in the conquest of rights, we support the political theorists and Antonio Gramsci elect to have better understood that the right is not something mechanical that it provides for applicability of the law, but this is a human product coming from the conflicts of interest between civil society and the state. Then we draw outlines a brief history of the institution and its relationship with the right to education actually Pará, contextualized with official figures showing the educational scenario in the region. Finally we analyze the procedures used by the entity seeking to ensure the right to education, with its limits and its progress in combating educational inequalities. The methodological procedures to understand the principle of this study was chosen case study, together with collection of different sources which are literature, documents and field work through semi-structured interviews, which enable to answer the purpose stated.
Acesso aberto (Open Access)
O direito de ser diferente: uma análise do direito à educação inclusiva das pessoas com deficiência
(Universidade Federal do Pará, 2018-12-12) MAURO, Fádia Yasmin Costa; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The present research defends the right to be different in the school, analyzing the perspective of the inclusive education of people with disabilities, to answer the question about which is best way to realize it within the society in order to promote the ideals of distributive justice that guarantee on equal terms the right to education of individuals with disabilities. To respond this question, this study is divided into three chapters. It first defines key elements such as who is disabled, social phenomena that leads to discrimination, among other fundamental definitions in order to answer who is the addressee of the right and why is important the recognition of difference. In the second chapter, it discusses what is inclusive education and how it is carried out, promoting a critical analysis of the main institutes that implicate in the understanding of the theme. Finally, this study makes a defense of the right to school inclusion, using political philosophy, from the theory of "justice as fairness" in Rawls as the one that best fulfills the idea of equality in the granting of rights and satisfies the premise of inclusive education for people with disabilities, and is complemented by Nussbaum's reading of human capacities, allowing the school development of these students and, therefore, considering these individuals from their singularities for the ensure of an effectively fair, human dignity and respect for difference. It is a study that aims to discuss the best way to promote access to inclusive education for people with disabilities, so that they receive qualitative teaching and capable of stimulating their abilities, from the perspective of international and national laws and theories of justice. The methodology adopted is eminently theoretical-doctrinal, using a regional and national bibliographic survey and also the philosophical references adopted in the present research, with the purpose of carrying out an interdisciplinary scientific study capable of contributing to the evolution of human rights, particularly to deficiency.
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Educação escolar Kyikatêjê: novos caminhos para aprender e ensinar
(Universidade Federal do Pará, 2010-05-19) FERNANDES, Rosani de Fatima; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048
Traditional formal education for Indigenous people historically serve colonial interests of integration and assimilation of a hegemonic society. Thanks to Indigenous leadership protagonism and legal achievements based on 1998 Federal Constitution, the National Education Law (LDB – Lei 9.394/96) and the International Labour Organisation (ILO) 169 Convention, the Indigenous School became a priveleged and strategic intercultural dialogue arena where traditional knowledge and other types of knowledge come together for the training of tecnhical and political members of the movement. In the dissertation, presents the historical trajectory of Kyikatêjê people, since the current state of Maranhão until the Indigenous Mãe Maria Reserve, in the Southeast region of the State of Pará. In this thesis, research takes into consideration the appropriation of school education rights by the Kyikatêjê People who in the exercise of their selfdetermination build in the school arena their school education as instrument of a sttrugle against the denial of their rights. The study contextualizes the strategy of the leadership and their associates in facing a daily sttrugle to garantee their rights to education at all levels according to their needs to train individuals to defend and promote Indigenous Peoples rights to land, education, health and economic sustainability. Such strategies relate to their effort to implement and maintain Kyikatêjê identity.
Acesso aberto (Open Access)
A exigibilidade judicial do direito fundamental à educação na Constituição Federal de 1988
(Universidade Federal do Pará, 2009-07-16) LIMA, Isabela Bentes de; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The current study aims to analyze the effectiveness of the right to education in Brazilian 1988 Constitution. It intends to examine the concept, nature, costs (as the creation of a funding to FUNDEB and the designation on the percentage to be used for the maintenance and development of education by federal entities) the role of state and society, as well as constitutional principles that rule the implementation of the right to education in Brazil. Based on referential that the Social and Democratic State of Rights is protector of the social rights, it was relevant carefully taking into account the concepts of “existential minimum”, and scarcity of resources. Furthermore, this study analyzes two judgments of Supreme Court, phenomenon named by most of doctrine as “judicialization of public policies”, which are the cases Santo André / SP and Queimados/ RJ. Finally, these judgments are analyzed according to the principles and values that guide the Brazilian Constitution which led to the conclusion that the collective demands of supplying the right to education have priority over the individual demands, despite both of them being required.
Acesso aberto (Open Access)
A exigibilidade judicial dos direitos sociais
(Universidade Federal do Pará, 2005) COLARES, Patrick Menezes; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The lack of concreting of some fundamental rights, as social ones, related with health and education, wich demands costs to State, still represents a challenge to brazilian constitucionalism. In consequence, Courts are facing with issues related with the materialization of suth rights, as supply of medicines that are not able on public healths system or a guarantee of matriculation of an student on public education system. These requests of judicial orders directed to public administration to fulfill its constitucional duty, throught positives obligations. Such phenomenon, included for the great part of doctrine on what its used to call as "judicialization of politics" is not free from criticisms. Against it, there are arguments that (I) Judiciary is assaulting the separation of powers principie because the administrative function with its discricionarity, must be preserved with Executive, and not on judges hands, who are forbbiden to interfer in public politcs; (II) judges have no democratic legitimacy, because they were not elected by the people; (III) Judiciary is not prepared and technicaly capacitaded for such kind of demand; (IV) depending on positives state behavour and public recourse for its concreting, a judicial determination in this way would oppose legality and budget anteriority principies, finding serious obstacles in its concreting because the "possible restriction". This study proposes not only to analize these related arguments, as also examinate borders of juridical and political systems, concluding legitimacy or not of such conduct, as well to analyse the nature, the programatic caracter and the dificult delimitation of social rights and its judicial protection, in others words, seaching, in resume, to examinate brazilian Judiciary function on social rights concreting problem, as "existencial minimum" warranter.
Acesso aberto (Open Access)
A implementação do direito à educação escolar indígena no município de Santarém no período de 2006 a 2012
(Universidade Federal do Pará, 2014-03-11) ABREU, Joniel Vieira de; SILVA, Marilena Loureiro da; http://lattes.cnpq.br/7261982145077537
This dissertation examines how the right to indigenous education has been implemented in the municipality of Santarém, Pará in the period 2006-2012. The research problem was: How does the right to differentiated education, guaranteed in law to indigenous peoples landmarks is being implemented in the municipality of Santarém? The research is the Document type based on the analysis of "content analysis". The categories were defined "equality", "difference" and "promotion of rights" based on theoretical: Santos (2004); Bobbio (2004) and Cury (Veiga, 2010) to analyze the process of implementation of indigenous education held by SEMED. The documentary evidence brought the conviction that even after 1988 the legal and indigenous differentiated education has been elevated to the status of law in the case of Santarém, the SEMED was unable to give effect to this legislative achievement, since all their actions promoting the right was performed under claims of the indigenous movement. Hopefully, through this research, contribute to the discussion of indigenous education, focusing on educational policies implemented by state entities.
Acesso aberto (Open Access)
Políticas afirmativas, educação e escolas públicas: uma análise sobre o sistema de cotas - Caso UFPA
(Universidade Federal do Pará, 2018-04-10) SILVA, Carlos Fernando Cruz da; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048
The present research discusses the affirmative actions instituted at the Federal University of Pará, in the modality quotas for undergraduate courses, destined to students who attended high school in institutions of the educational public network. The investigation is based on different studies on inequality and social exclusion of authors such as: Boaventura de Souza Santos, Amartya Sen, Ingrid Robeyns and Zélia Amador de Deus. It is also supported by studies on education and educational systems developed by Jan Masschelein, Marteen Simons, Dermeval Saviani, Pierre Bourdieu and Jean-Claude Passeron, apart from the critical thinking of Michel Foucault. Social inequality, social exclusion, substantive liberties, device and reproduction were frequently used as analytical categories during the development of the research. During the study, questions about the dynamics of transition from high school to higher education through affirmative action policies are inserted, focusing on the situation of public schools coordinated by institutions of the National Armed Forces. The hypothesis is that school, administrative and non-administrative practices developed in this space, in part, have repercussions on the quota policy instituted at the Federal University of Pará. From the proposed problem, it is intended to open space for academic discussion about the transition process to higher education in the contemporary Brazilian educational system, which can be directed to other institutions and other specific contexts.
Acesso aberto (Open Access)
A proteção da educação no direito internacional dos direitos humanos e a prestação privada deste direito: possibilidades de uma adequação dos vouchers educacionais aos standards de direitos humanos?
(Universidade Federal do Pará, 2018-03-26) PEREIRA, Bianca Araujo de Oliveira; SILVA, Maria Stela Campos da; http://lattes.cnpq.br/6127087703635751
The present work discusses the possibility of reconciling educational vouchers – a model of educational services provided by the economist Milton Friedman - with the standards for the right to education, based on the special reports on the right to education, made by former rapporteur Kinshore Sing. To analyze this possibility, it is first approached the origin of the United Nations and its relationship with the promotion of the access to education. Next, the strands of liberal thought are discussed, followed by the dialogue between the critics of philosophical liberalism; there is also the approach of Public Choice Theory, New Public Management and its critics. The work also uses the empirical approach, based on a review of the existing literature, in order to elucidate the positives and negatives effects on the use of educational vouchers, in order to be able to answer the proposed research question.
Acesso aberto (Open Access)
A relevância do PNE e sua consideração pelos entes estatais
(Universidade Federal do Pará, 2019-12) IBAÑEZ, César Augusto
The purpose of the article was to highlight the relevance of the National Plan for Education (PNE), as well as to identify the government consideration for the referred Plan. Thus, the problem of our work was based on how to highlight the relevance of the PNE and identify the attitude of state entities towards it. Essentially, this article was the result of a documentary research, in which, in order to enrich the debate about the importance of the PNE, we sought to reflect on the goals and strategies of the Plan in the light of the four dimensions of the right to education: availability, accessibility, acceptability and adaptability. Aimed at verifying the attitude of state entities towards the Plan, in the documentary research, its goals and strategies were compared with the indexes of accomplishment of the goals and objectives contained in the INEP website. We concluded by highlighting what was possible to infer about the information provided by the documents and the analyses performed.