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STF agenda analysis of the suspension of Bolsonaro’s decree on special education



São Paulo – The Supreme Federal Court (STF) will analyze on the 11th, in plenary, the suspension of the new National Special Education Policy (PNEE) presented by the government of Jair Bolsonaro. On Tuesday (1st), Minister Dias Toffoli, suspended presidential decree 10,502, through an injunction (provisional decision, until the merits of the case are considered by the collegiate). The decree establishes specialized classes to conduct the learning of students with disabilities. According to Toffoli, the measure represents a threat to inclusive education, predicted since 2008.

Toffoli’s decision to be submitted to the plenary responds to a Direct Action of Unconstitutionality brought by the PSB. For the party, the PNEE 2020, when suggesting new spaces for specialized educational assistance, that is, isolated facilities for students with disabilities, in practice discriminates and segregates them. Upon recognizing the illegality, the STF minister pointed out that it would not be the responsibility of the Public Power “to resort to specialized class institutes and schools for future educational inclusion measures for all students.”

Toffoli adds in his dispatch that “it is obvious that the device treats regular inclusive schools as a specific category within the universe of special education, as if there were the possibility of regular non-inclusive schools”. According to the minister, inclusive education does not mean the implementation of a new institution. However, the adaptation of the entire system of regular education, in order to include students with and without disabilities “within the scope of the same teaching proposal, according to their specificities”.

Mobilization against the decree

Since it was published in late September, the decree has been the target of numerous criticisms from entities and movements for the rights of people with disabilities. Until the beginning of October, as reported by RBA, at least six draft legislative decrees (PDL) had already been filed by the suspension of the new PNEE in the Chamber of Deputies. While in the Senate, other projects are underway, such as PDL 437, by Fabiano Contarato (Rede-ES).

On Twitter, the parliamentarian defended the injunction issued by Toffoli. “Justice decides in favor of society by blocking a federal government decision that excludes and segregates students with disabilities. The school has to be inclusive! ”.

THE Senate Agency, parliamentary Mara Gabrilli (PSDB-SP) also showed support for the STF decision, highlighting it as “a gift in celebration of the International Day of People with Disabilities”, celebrated this Wednesday (3). The suspension of the measure, according to the senator to the agency, “confirms the constitutionality of the articles of the Brazilian Inclusion Law (LBI)”. “LBI ensures an inclusive educational system, at all levels and modes of education, in which people with disabilities cannot be excluded from the regular system on the grounds of disability. Inclusion is not an option to be chosen or an end in itself. Educational inclusion is an ongoing process and it is the duty of the Brazilian State to remove any idea of ​​segregated experience of people with disabilities ”, he added.

Senator Paulo Rocha (PT-PA) also warned on social media that the “Bolsonaro government initiative only promotes the exclusion of people with disabilities. So much so that this was the same understanding of the STF ”.

Role of regular school

The text of Bolsonaro’s Decree 10.502 determines that families choose in which educational institution the child could receive special education. In practice, however, entities and activists have warned that this measure would simply tend to “not exist”. At Current Brazil Radio, the activist of the collective Helen Keller, Mariana Rosa, evaluated that the PNEE of the government took “a step 30 years ago”.

The mother of a disabled child, Mariana stressed that, despite the advances in legislation in 2008, many schools are not yet prepared, or still deny enrollment to her daughter. The practice, he recalled, previously contrary to the law, would gain a breach with Bolsonaro’s decree. Just as it would take resources from regular schools that need investments.

“I understand the families of children with disabilities who find support and support in specialized institutions. Because in them children and young people have speech therapy, physiotherapy and occupational therapy. But the school must have the place of school. It is the place to teach and learn ”, he said. “It is the school that has to improve and not go back, get worse, divide education and segregate people. What will we learn from this as a society? That we have to separate some types of difference? Is that what we want? ”Asked Mariana.


The psychologist, pedagogue and doctoral student in Education at the University of São Paulo (USP), Isabel Rodrigues, pointed out that Bolsonaro’s special education policy was behind a “resource dispute” by “segregating institutions”.

“I have no doubt that one of the intentions is to allocate part of the resources to the institutions that previously received the resources to exist through health, social assistance and education. And as of 2008, with the proposal for inclusive education, they lost a large part of the education resource. Since then, there has been some kind of pressure to return to a level of financing ”, RBA.

Movements and people with disabilities have also been using social networks to mark the opposition to PNEE 2020, with hashtags such as # EscolaEspecial NãoéInclusiva and # Revoga10502.

“Disability is not something that the person suffers from or the door. It is located at the meeting of the person with society. Society promotes barriers for these people. The person who is a wheelchair user and does not find ramps around the city, he will be more excluded than a person who lives in a city where accessibility is guaranteed in all buildings. The school is likewise ”, highlights Isabel.

Copywriting: Clara Assunção

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Unionists protest at Ford dealership against closure




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