“Escola sem Partido” e a permeabilidade do direito burguês ao autoritarismo : análise do julgamento das ADI no . 5.537, 5.580 e 6.038 no STF

Abstract

This research aims to investigate the possibility of using Direct Actions of Unconstitutionalities (ADI) as an instrument of democratic resistance against the Movement “School without Party” (MESP) that in Alagoas inspired the presentation of the renamed Bill 69/15 “Free School”. After an intense struggle by popular movements and entities, representing education workers, Law No. 7,800 / 16 was approved and converted. Alagoas, until then, is the only state in the federation to pass a law that reproduces the MESP ideas of censorship and repression of teaching activity. Said law was challenged - still in 2016, through ADI presented by the Union Confederations (ADI 5,537 and 5,580) - at the Supreme Federal Court (STF), which ruled, in 2020, the lawsuits upholding the unconstitutionality of Law no. 7,800 / 16. In this way, we establish the following hypotheses: i) The “School without Party” Movement constitutes a strategy of capital's authoritarian hegemony against education; ii) The Brazilian constitutional order allows for the emergence of exceptional laws, contrary to the Brazilian Constitution itself; iii) The mechanisms of constitutionality control existing in the law are not able to satisfactorily prevent the advance of the authoritarianism of the State. To carry out this investigation, we anchored the research in the method of Historical-Dialectic Materialism aided by the techniques of content analysis and document analysis, based on the works of Marx (2009, 2011, 2013), Marx and Engels (2007, 1987) , Pachukanis (2017), Mascaro (2013, 2021), Althusser (1985), Bardin (2016) among others. We carried out the state of knowledge about the strictu sensu postgraduate research carried out, in Brazil, on the object “School without a Party” that are registered in Data Capes. We will also carry out the content analysis of Law No. 7,800 / 16 of Alagoas and the judgment on the merits of the ADI in the STF combined with the analysis of the initial petitions of the ADI entered. These analyzes allow us to make inferences about the effectiveness of the use of ADI by the Confederations in confronting the MESP. The content analysis carried out, also, allows us to extract the analytical categories: State and Law, as well as the subcategories Constitution / Constitutionalism / Constitutionality and Authoritarianism that guided the reflections necessary to synthesize the results of the research, seeking to answer the hypotheses raised initially. In the final considerations, we point out how capitalism uses the law to maintain its conditions of reproduction. Thus, the law, permeated by authoritarianism, an element that is exposed in moments of capital crisis, as evidenced by the emergence of the MESP. We also discuss the possibility of using law as a tool of democratic resistance, however, due to the very nature of the “narrow horizons of bourgeois law”, other forms of resistance should be employed in the search for the creation of a “untested feasibility”