O princípio do pluralismo de ideias e concepções pedagógicas na interpretação e aplicação do direito educacional
| Ano de defesa: | 2012 |
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| Autor(a) principal: | |
| Orientador(a): | |
| Banca de defesa: | |
| Tipo de documento: | Dissertação |
| Tipo de acesso: | Acesso aberto |
| Idioma: | por |
| Instituição de defesa: |
Universidade Cidade de São Paulo
Brasil Departamento 1 Programa de Pós Graduação Mestrado Educação UNICID |
| Programa de Pós-Graduação: |
Não Informado pela instituição
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| Departamento: |
Não Informado pela instituição
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| País: |
Não Informado pela instituição
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| Palavras-chave em Português: | |
| Link de acesso: | http://repositorio.cruzeirodosul.edu.br/handle/123456789/226 |
Resumo: | This research focuses on the principle of pluralism of ideas and pedagogical conceptions set forth in the subsection III of article 206 of Brazilian Federal Constitution of 1988 and also in the subsection III of article 3rd of Brazilian National Educational Act (Law n. 9384/1996). The interest on the theme comes from my experience as legal counselor of the Brazilian Waldorf Schools Federation, that made me face the greatest legal-educational challenge of my life, that is, how to keep intact the founding of a certain pedagogical conception when a change in the National Educational Act comes to cause changes in such founding. From this reality emerges the problem of this research: to verify if the constitutional principle of pluralism of ideas and pedagogical conceptions is able to preserve a pedagogical founding against a change in the Law that is fully contrary to the maintenance of these founding. That is, if the principle of pluralism of ideas and pedagogical conceptions is a constitutional principle able to preserve the founding of the Waldorf Pedagogy as it has been institutionalized in country since 1955 even against legal changes on the National Educational Act by acts n.11.114/2005 and 11.274/2006, that altered elementary school period from 8 to 9 years and turned obligatory to ingress in school at the age of 6 (instead of 7, as set forth before). The methodology refers to a qualitative research, of phenomenological nature. There were used as methodological procedures bibliographical and documental research as well as a case study. The theoretical reference is made upon known authors both in educational and legal areas. The final considerations seek to make evident that the legal imposition of ingress in the elementary school of children under 7 years old creates a breach both in the Waldorf Pedagogy and in the validity of the constitutional principle of pluralism of ideas and pedagogical conceptions, causing contradiction to the harmonic system of directives and bases of Education. In consequence Public Policies on Education will only be valid when observe the constitutional principles that inform, rule and interpret the Educational Law and also the guidelines and bases for national education |