Análise da política pública de educação em direitos humanos à luz da teoria da sociedade aberta dos intérpretes constitucionais: contribuições e desafios

Abstract

The subject of this work involves the contributions of the theory of open society of constitutional interpreters to public policy human rights education (HRE), as well as the current challenges faced by this policy, according to the data collected in the mapping education plans and committees in human rights. The general objective was to study the theory of open society of constitutional interpreters and revealing how this theory contributes to the construction of HRE policy, especially considering the constitutional pluralism, the Constitution as culture and the human rights as a State educational purposes. Furthermore, was verified the essential features of HRE public policy and defined the boundaries around their effectiveness by studying the plans mapping and HRE committees. The methodology mainly employed was the literature and documentary research. To study the effectiveness of the public policy was performed a quantitative demonstration of data showed in the mapping. The conclusions reached, firstly around the contribution that the theory of open society of constitutional interpreters brought, may be appointed under four main aspects. First, as jurists and non-jurists explicit, the democratization of constitutional interpretation moves through the necessary process of education in human rights. In this sense, advance was made in bringing to the field of law (but not exclusively) the importance of completing the pedagogical nature of the Constitution. Second, human rights contribute to strengthen citizen participation in the design process, development, monitoring and evaluation of public policy. The greatest constitutional pluralism contribution, however, was in maturing the notion that the pluralism of the Constitution starts from the educational purposes and the daily life of individuals and groups. Moreover, it also revealed that to achieve the participation of individuals in decision-making spheres of the state, the material conditions, linked to the fruition of rights, must be effectively met. Third, the analysis of the Constitution as culture, served as orientation for actions performed by the state and society in order achieve increasing constitutional representation of historically marginalized groups. Fourth, by placing human rights as educational state order, the theory provided the substrate to refer to such rights by express provision in the Constitution. Thereby, would strengthen the role of the State in the implementation of this public policy as a state policy, providing a continuous action in this field, protecting it from a breakup due to changes of government. Besides this, provides the basis for a new practice of state powers, potentially focused on achieving the human rights, but not so much to situate them as educational purposes. Finally, the main challenges observed through the quantitative demonstration of mapping, pointed to the difficulties arising from the lacking of commitment of the government (especially at the local level) and lacking of financial resources. To overcome them it was suggested na improvement work of the action-policy coordination and a detailed investigation together with the committees regarding the limitations of the current approach of their financial activities.