06/28/2024 – 21:10
An opinion in favor of the unconstitutionality of the model of civic-military schools in the state of São Paulo was sent to the Federal Supreme Court (STF) by the Attorney General’s Office (AGU), this Friday (28).
The adoption of the model is the target of lawsuits filed with the Supreme Federal Court by the PSOL and PT. The creation of civic-military schools was approved by the state legislature last month and sanctioned by the governor, Tarcísio de Freitas.
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In the document, the AGU maintains that states cannot establish an educational model that is not provided for in the Education Guidelines and Bases Law. Furthermore, the body adds that the Constitution also does not provide for military personnel to carry out teaching or school support functions.
“The allocation of reserve military personnel to carry out activities related to basic education outside the formal military education system, even in the form of support or monitoring, is not supported by the fundamental standards of the Brazilian educational system, nor is there a provision compatible with the purpose constitutional status of these institutions”, concluded the AGU.
The opinion was attached to the action in which PSOL defends the suspension of the educational model and argues that the intention is to replace the public education system, and not the coexistence of the two models, as stated by the São Paulo government.
“The objective is to gradually replace education professionals, who must take a public exam and undergo analysis of their academic titles to be able to occupy such positions, by military personnel, to be chosen in a discretionary manner, ultimately, by act of the Public Security Secretariat”, says the party in the action.
At the time of the law’s enactment, the state government informed that the implementation of the new model will be gradual, with “express consent from school communities in public consultations”.
“The civic-military school initiative is aligned with the State Education Plan. It is a highly democratic initiative that gives families options and increases the portfolio of public schools. The civic-military school aims to improve learning and the school environment, in addition to reducing violence,” stated the Executive Secretary of Education, Vinicius Neiva.
The case rapporteur is Minister Gilmar Mendes. There is no deadline for the decision.
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