O reordenamento legal da educação nacional

Abstract

The object of this research is the legal reorganization of education, which started from the Federal Constitution of 1988 and materialized from 1995, in the Government of Fernando Henrique Cardoso. This work explains, under the perspective of documentary criticism, a certain pendular episteme of Brazilian Law, applying the analysis resources in an unstable way: of the intertextual chains of our legislative and jurisprudential mesh and its discursive regularities, known as discontinuities; of the regularities, it is observed, at times, the most provisional configuration of elements of this file that is being sought. And on this is sustained a good part of the work's contribution to interdisciplinary studies, a constitution of what can be called an “archive” presented in a systematized and chronological way. It supports the study in the readings of Norman Fairclough (2001), Mikhail Bakhtin (2011), Michel Foucault (1996; 2008), Marcelo Novelino (2011), Celso Antônio Bandeira de Mello (1996), among others. From the understanding of the dispersion of the norms for the constitution of the human right to education, it was possible to describe the legal system in the Brazilian Federal Constitutions until reaching the text promulgated in 1988. It was changed as a fundamental legislative framework for the legal reordering of education, which legitimized private education in Brazil from the promotion of an epistemological bipolarization as a legal-discursive strategy. Thus, the macro process of education in education was configured, marked by a chronology of doctrines and legal regulations, apparently solid, and by cracks, cleavages, and discontinuities. In this “stability/instability”, it was possible to observe in the discursive surface what was resolved to entitle the pendular normative movement of the Brazilian legal system. The work, while waiting for the legal reordering of education, ended up demonstrating the pendular movement in the epistemology of our positive law, oscillating between two systems, Civil Law and Common Law. It also sought to contribute to the constitution of an archive normative discourses on education, opening up possibilities for further research.