DIREITO E EDUCAÇÃO: IMPLICAÇÕES SOBRE A DESIGUALDADE SOCIAL.

Abstract

This work has been developed with the goal of investigating the importance of education to individuals, their inclusion in society, and its relationship with the law. To this end, among the addressed problems, the main one was to assess the extent to which the federal government’s public policies have been effective in order to provide the educational inclusion of impoverished people. It was investigated the hypothesis that such policies have been able to offer these people a certain level of social inclusion, allowing them to exercise their rights hitherto inaccessible, even though it is necessary to improve a great deal. The preparation of this text was possible through the methodology of a survey and a bibliographic analysis of some social scientists’ and philosophers’ works, in addition to legislative and judicial processes. First of all, we began with the premise that education is an activity that aims to prepare man for life through knowledge, feelings, and judgments, contributing to the formation of an independent and free rational capacity. Secondly, we consider as an axiom that the law is a set of norms of social regulations, created and administered by the State with the aim of achieving justice. Thus, we can state that both education and the law are aimed at the achievement of justice and social equality. However, over time, society has become extremely unequal, particularly in economic terms, resulting in the inadequate functioning of those social mechanisms. Through the analysis of some works by Rousseau, Marx, Paulo Freire, among other thinkers, we have reached the understanding that men organized in civil society have become morally corrupt, so that in order to achieve their own good, they do not mind causing suffering to others. Thus, men began to perpetuate a series of oppressions, creating severe social inequalities which, in effect, are true unjustified injustices expect as a punishment. The oppressor statuses, enjoyed by some privileged people, and the oppressed conditions, endured by the rest of society, always generate conflicts that the oppressors cannot win, since if they eliminated their opponents, they would also eliminate their exploitation material. As a consequence, the oppressors act through means that avoid the struggle, instilling fear in the oppressed to stay away from the confrontation, by offering them false favors to accept oppression, also conditioning them ideologically, through discourses, to wish and defend oppression. Some of these mechanisms are originally conceived with this goal of oppression, whereas others are in fact legitimate institutions that have been usurped by the oppressors who establish the outlines they need to ensure perpetuated oppression. That is the case of the schools that, in principle, should be the privileged place of education, where people would be able to free their minds. However, through a series of unfounded practices, at least from a libertarian standpoint, the oppressors transform schools into a mechanism of alienation of people, so that they remain in the situation of oppression. In the classrooms, it is passed on only the type of knowledge necessary to turn people into objects susceptible to exploitation. There, on a smaller scale, it is reproduced oppressing practices so that when they leave school, people are already accustomed to being subjugated. In addition, when analyzing the situation of the law, we realize that the State, although it has been conceived as a social institution that aims at securing the freedom of all, it has also been appropriated by the oppressors who have turned it into a legitimating mechanism of their harmful practices. Finally, we will study a Brazilian case that consists in the creation of legal instruments in order to beautify the education with outlines of combativeness against oppressions, through positive discrimination against people in a situation of social disenfranchisement