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The municipal law that prohibits the debate on gender in public and private schools in South Jaragua, in the north of Santa Catarina, was considered unconstitutional by the Santa Catarina Court of Justice last Wednesday (18), reports the Diário Catarinense.

In the understanding of the collegiate body, which decided unanimously, there was a direct offense against the Union’s private competence to deal with the guidelines and bases of education, which is observed in Article 22 of the Federal Constitution. The direct action of unconstitutionality (Adin) was reported by Judge Pedro Manoel Abreu.

According to the newspaper, in 2018, city councilors passed legislation that prohibited education professionals from inserting, in the curriculum of schools, educational policy guidelines applied to the implementation and development of educational activities aimed at reproducing the concept of “gender ideology”, sexual orientation and the like.

Reproduction

Union says municipality does not have competence on education

The union of municipal civil servants sued Adin. The union maintained that the municipality exceeded its competence to legislate on education.

For the union, the rule defies articles 161 and 162 of the Santa Catarina Constitution, whose precepts would be that education should be geared to citizenship and pluralism, based on freedom and solidarity.

What the City Council says

The City Council and the municipality defended the law’s legitimacy. The bodies argued about the “fundamental right of parents to have priority in the education of their children about the morally appropriate and socially expected behavior in relation to the figure of women and men”.

The rapporteur pointed out that the Union edited the Law of Guidelines and Bases for National Education (Federal Law No. 9.394 / 96), which provided, in article 3, on the pluralism of ideas and pedagogical concepts and the link between school education and social practices.

“Legislative discourse (…) affects not only the Constitution, but the dignity of the human person in its origin, and reality itself, which, it seems, seems to want to hide, as if we should be ashamed of the sexual orientation of others or of treat it in classrooms “.




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Jornalista pela Universidade Federal de MS, foi repórter de economia e hoje, além de colaborar para o Gay Blog Br, é servidor público em Joinville (SC). Escreveu ''A Supremacia do Abandono'', livro disponível em amazon.com.br.