Liberdade de Cátedra no Brasil e o Supremo Tribunal Federal: breve estudo acerca da natureza jurídica e das imposições de conteúdo a partir da metodologia de análise de decisões

Abstract

What is the legal nature and content impositions of the chair's freedom in accordance with collegiate decisions handed down by the Federal Supreme Court? Along with this inquiry, the objective is to develop reflections on the legal protection of the freedom of chair according to a decision-making framework issued by collegiate bodies of the Brazilian Constitutional Court. Inaugurating the development of the work, the second chapter addresses some of the philosophical, political and pedagogical aspects that nurture the social interest in freedom to official teaching activities, understanding that education has been historically incompatible with manifestations of imprisonment of practiced knowledge. ecclesiastical, royal and state powers. The use of the terminology freedom of chair is justified as being the freedom of those who teach in the condition of a teacher, an integral subject of the teaching-learning process mediated in the context of formal education. In the third chapter, bibliographic and documentary research techniques are used to select, know, explain and critically relate the analyzed judgments, with a view to identifying and systematizing the positions expressed by them. It is followed by the so-called decision analysis methodology and the semantic method for that analysis. In the fourth chapter, the investigated judgments are listed, in order to show the inclination of the STF in relation to arguments specific to legal pragmatism and the existence of a lack of reasoning in references to indeterminate legal concepts, which reduces the rational understanding of the reasons for to decide and, for the decisions rendered more recently, it also implies the noncompliance with requirements introduced in the LINDB, in the year 2018. In turn, the fifth chapter confirms the understanding that the freedom of chair is a legal prescription and that, beyond of integrating the world of law, it occupies it from above, since it bears the nature of a fundamental right, as it can be extracted from the principles adopted by the Federal Constitution, according to the diction of art. 5, § 2, of CRFB/88. The freedom of professorship is qualified as a general, abstract, implicit legal norm, of a principled nature and national scope, which finds support in articles 206, II and III, and 5, § 2, of the Federal Constitution, combined with art. 3, II, III and IV, of the LDB. In the sixth chapter, the study presents 10 (ten) interpretive patterns (formal and material) that bring together perceptions extracted from the decisionmaking processes studied. It is believed that the present study is capable of helping to understand some of the main legal disagreements that involved the freedom of professorship in Brazil, from the 1960s to the present day. In another turn, the present incursion seems to be useful to introduce and stimulate the development of qualified discussions on topics related to the meaning and scope of the fundamental right to the freedom of professorship in contemporaneity.