Trajectories of a right in construction: the access of immigrants to education in São Paulo

• Grant number: 11/01898-5
• Support Opportunities: Scholarships in Brazil - Master
• Start date: August 01, 2011
• End date: November 30, 2012
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Antonio Rodrigues de Freitas Júnior
• Grantee: Tatiana Chang Waldman
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The guarantee of rights to immigrants in Brazil, regarding direct access to the right of school education, is still controversial and stands out as an issue that should be more deeply investigated. On the one hand, the 1988 Constitution recognizes the right to education as a universal right, the Child and Adolescent Statute provides that it is a fundamental right to be guaranteed to all national and foreign people; this right is also guaranteed by the International Conventions ratified by the country. On the other hand, it is possible to notice the existence of devices in the 1980 Alien Statute which constrain the registration of foreign in educational institutions in any grade unless he/she has an Identity Card for Foreigners, preventing undocumented immigrants from exercising this fundamental right. This research has as its main goal to identify the limitations on the right to basic school education, which are imposed on immigrants residing in the State of São Paulo, and also to reflect if this universal right is guaranteed to this specific population in this country, an issue which is neither sufficiently discussed nor sufficiently clarified in the legal field. Therefore, besides the interdisciplinary literature research, an analysis was performed on the jurisprudential period comprising the first three decades in which the Alien Statute has been in force (1980-2010) and it was also done a review of Resolutions, Decisions and Opinions of the Ministry of Education and of the Board of Education of the State of São Paulo related to the theme in the same period. A consistent interpretation of the national law suggests that the right to school education for all immigrants is unquestionable, if the provisions of the Federal Alien Statute of the Constitution now in force are not taken into account. It is noteworthy, however, that Resolutions, Decisions and Opinions of the Ministry of Education and of the Board of Education of the State of São Paulo indicate that there is no consensus on the issue. Neither there was a formal concern on the part of the judiciary, to declare that the devices in question, contained in the Alien Statute, were revoked or not approved. Nor did this theme mobilize the Executive and Legislative which agree with the validity of the Alien Statute for the last three decades. Added to the problem is the fact that access to justice, in every case in which there is a breach of this right, especially for undocumented immigrants, is limited. In this sense, it is clear that the adoption of a new Immigration Law which includes statements of the right to school education for all immigrants in Brazil is absolutely necessary. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

WALDMAN, Tatiana Chang. Immigrantsaccess to schooling in São Paulo: the trajectory of a right. 2012. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.