Summary: This article aims to briefly study the laws of guidelines and bases of education.
Key words: LDBs. Changes. Comments.
Abstract: This article aims to succinctly make a study of the laws of guidelines and bases of education.
Keywords: LDBs. Changes. comments.
Summary: This article has the objective, in a succinct way, to carry out a study on the laws of guidelines and bases of education.
keywords: LDBs. Changes. Comments.
Summary: Introduction. 2. Development. Conclusion. References.
Introduction
The Law of Guidelines and Bases of Brazilian Education (LDB 9394/96) is the legislation that regulates the educational system (public or private) in Brazil, from basic education to higher education. The LDB is the most important Brazilian law regarding education.
Establishes the guidelines and bases of national education, to provide for the training of education professionals and other measures, it was created to guarantee the right of the entire population to have access to free and quality education, to value education professionals, establish the duty of the Union, the State and the Municipalities with public education.
Development
LDB 9394/96 is also called the Magna Carta da Educação. Inspired and defended by the anthropologist Darcy Ribeiro, who managed to keep his ideas in a legal and well synthesized text, allowing for generalization and flexibility, with political repercussions. (FAGUNDES, 2008)
The 1891 Constitution, the first of the republican period, deals little with education as it prioritizes the autonomy of the federative units. It was understood that the legislation in this matter should be resolved within the scope of the states. The Federation was only responsible for higher education in the capital (art. 34th), military instruction (art. 87th) and the non-exclusive task of «encouraging, in the country, the development of letters, arts and sciences» (art. 35th ). In that Charter and also in the previous one (Constitution of 1824) there was not even a mention of the word «education». Until the 1930s, matters related to education were dealt with by the National Department of Education linked to the Ministry of Justice. Only in 1931 was the Ministry of Education created.
The 1934 Constitution dedicates an entire chapter to the subject, making the Union responsible for «outlining the guidelines for national education» (art. 5) and «fixing the national education plan, including teaching in all grades and branches, common and specialists» to «coordinate and supervise its execution throughout the country» (art. 150). Through the unity generated by a national education plan and obligatory primary schooling, it was intended to combat the lack of political unity between the federative units, without thereby taking away the autonomy of the states in the implementation of their education systems. An idea defended by liberal educators, among which Anísio Teixeira stood out.
An important point of contention that directly reflected on the processing of the first LDB was the issue of religious teaching. While the proclamation of the Republic had the separation between State and church as a backdrop, the second Charter marks this rapprochement. With regard to education, it establishes optional religious teaching, and in accordance with the principles of each family, in public schools (art. 153).
Despite the religious teaching, the 1934 Charter can be considered a victory for the group of liberal educators, organized through the Associação Brasileira de Educação, for meeting its main propositions.
However, just three years later, the 1937 Constitution, enacted along with the Estado Novo, supported principles opposed to the liberal and decentralist ideas of the previous Charter. He rejected a national education plan, attributing to the central power the function of establishing the foundations of national education. With the end of the Estado Novo, the 1946 Constitution resumed, in general terms, the chapter on education and culture in the 1934 Charter, thus beginning the process of discussion of what would become the first Law of Guidelines and Bases for Education.
Two groups disputed what would be the philosophy behind the first LDB. On one side were the statists, linked mainly to leftist parties. Assuming that the State precedes the individual in the order of values and that the purpose of education is to prepare the individual for the good of society, they defended that only the State should educate. Private schools may exist, but as a concession from the public authorities.
The other group, called liberalists and linked to the center and right-wing parties, maintained that the person has natural rights and that it is not up to the State to guarantee or deny them, but simply to respect them. Education is a duty of the family, which must choose from a variety of private school options. The State would be responsible for setting out the guidelines for the educational system and guaranteeing, through grants, access to private schools for people from low-income families.
In the dispute, which lasted sixteen years, the liberalists’ ideas prevailed over those of the statists in most of the text approved by Congress.
In the history of Brazil, this is the second time that education has a Law of Guidelines and Bases of Education, which regulates all its levels. The first LDB was enacted in 1961 (LDB 4024/61). On December 20, 1961, João Goulart publishes the first LDBA Lei de Diretrizes e Bases da Educação (LDB), which defines and regularizes the Brazilian education system based on the principles present in the Constitution. It was mentioned for the first time in the 1934 Constitution.
The text approved in 1996 is the result of a long struggle, which lasted about eight years (1988-1996), starting from the XI ANPED, between two different proposals. The first one known as the Jorge Hage Project was the result of a series of open debates with society, organized by the National Forum in Defense of Public Schools, being presented in the Chamber of Deputies. The second proposal was elaborated by senators Darcy Ribeiro, Marco Maciel and Maurício Correa in articulation with the executive power through the MEC.
The main divergence was in relation to the role of the State in education. While the proposal of the organized sectors of civil society showed a great concern with mechanisms of social control of the education system, the proposal of the senators envisaged a power structure more centered in the hands of the government. Despite containing some elements raised by the first group, the final text of the LDB is closer to the ideas raised by the second group, which had strong support from the FHC government in the final years of the process.
In 2017, a bill proposed by Senator Wilder Morais gave rise to Law 13,490/2017, which amends the text of the LDB, allowing individuals and companies to direct donations to research or specific sectors of Universities.
The LDB is the most important Brazilian law regarding education. This law was approved in December 1996 under number 9394/96, it was created to guarantee the right of the entire population to have access to free and quality education, to value education professionals, to establish the duty of the Union, the State and of municipalities with public education. A milestone in the regulation of education in the country, it brought important innovations and allowed significant advances to be made. But some of the essential transformations contained in the text by the then senator Darcy Ribeiro have not yet been implemented.
According to LDB 9394/96, Brazilian education is divided into two levels: basic education and higher education.
Basic education:
Early Childhood Education – kindergartens (from 0 to 3 years old) and preschools (from 4 to 5 years old) – It is free, but not mandatory. It is the competence of the municipalities.
Elementary School – early years (from 1st to 5th grade) and final years (from 6th to 9th grade) – It is mandatory and free. The LDB establishes that, gradually, the municipalities will be responsible for all elementary education. In practice, the municipalities are attending the initial years and the States the final years.
High School – The former high school (1st to 3rd year). It is the responsibility of the States. It can be a professional technician, or not.
University education:
It is the responsibility of the Union, and may be offered by States and Municipalities, as long as they have already met the levels for which it is responsible in its entirety. It is up to the Union to authorize and supervise private institutions of higher education.
Brazilian education also has some types of education, which permeate all levels of national education. Are they:
Special Education – Serves students with special needs, preferably in the regular education network.
Distance education – Serves students in different times and spaces, using means and information and communication technologies.
Professional and Technological Education – Aims to prepare students to carry out productive activities, update and improve technological and scientific knowledge.
Youth and Adult Education – Serves people who did not have access to education at the appropriate age.
Indigenous Education – Serves indigenous communities, in order to respect the culture and mother tongue of each tribe.
In addition to these determinations, LDB 9394/96 addresses issues such as financial resources and the training of education professionals.
The new Law of Guidelines and Bases for Education, published on July 3, 2016, includes visual arts, dance, music and theater in the curricula of different levels of basic education. The pedagogy and related courses have up to five years to promote the training of teachers to implement these curricular components in kindergarten, fundamental and secondary education. The right to education and lifelong learning as one of the guiding principles of Brazilian education passes to the legal system with Law 13.632/2018.
The New Middle School consists of a reform in the curriculum, where some subjects will be excluded or are no longer mandatory in the students’ curriculum. So they can choose which subjects they want to study and deepen their knowledge, according to their interest, thinking mainly about the profession they will practice in the future.
But, even with this flexibility, some disciplines continue to be part of the mandatory curriculum, which will be the only one in the whole country and named the National Common Curricular Base. In all, there are 1,800 hours of classes, divided into 4 areas of knowledge, such as humanities, exact sciences, technologies, etc.
The subjects of Portuguese and Mathematics will be mandatory for the entire 3 years of high school, as is currently the case.
What generates more doubts about New High School is what students will study during this phase. The subjects of Portuguese, Mathematics and English continued to be compulsory for all students during the 3 years of teaching. In addition to the mother tongue, in the case of indigenous schools.
But in the first year,…