07/23/2024 – 22:22
The Court of Justice of the State of São Paulo ordered the termination of an action filed by the Public Defender’s Office of São Paulo and the State Public Prosecutor’s Office against civic-military schools, an initiative proposed and approved by the administration of Governor Tarcísio de Freitas (Republicans).
According to the Public Prosecutor’s Office and the Public Defender’s Office, the Education Department’s resolution on the program violated the National Education Guidelines and Bases Law and the National and State Education Plans. The action aimed to nullify the resolution and also requested that new government actions aimed at transforming schools into civic-military models be prohibited.
In his decision, Judge Marcio Ferraz Nunes of the 16th Public Finance Court of São Paulo considered that the reason for the lawsuit was, in fact, to question the law that created this school format, which he considered to be a distortion of the current legal system. According to Nunes, he does not have the authority to “remove” a statute from the legal system and the plaintiffs do not have standing to file a lawsuit with this scope. Therefore, he concluded that the lawsuit would have to be dismissed.
The Legislative Assembly of São Paulo (Alesp) approved the Law that establishes civic-military schools in the state at the end of May. On the 27th of the same month, Tarcísio sanctioned the directive allowing municipal and state units to request conversion to the model, if they wish. Elementary, secondary and professional education institutions can adopt the new format.
In the Supreme Federal Court (STF), the PSOL requested the suspension of the legislation under the argument that the project is unconstitutional, as it invades the Union’s competence to legislate on education, in addition to disrespecting the functions of the Military Police. Tarcísio justified that the law does not create new teaching modalities, only a management model.
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