A JUDICIALIZAÇÃO DAS RELAÇÕES ESCOLARES

Abstract

The significant increase in the number of lawsuits in which the school is a party motivated the formulation of this research. In order to analyze the phenomenon that leads the court to intervene in school to solve their problems and how this brings reflexes in school. We sought to analyze the role of the school today, without the authority and responsibility of the educator. And how the meddling of the judiciary in school contributes to the public world taking the place of the private. And how the process of political alienation unfolded, originating the sphere social that supplanted the other spheres. As well as the loss of language through the process of judicialization precarizes, even more, the role of the school. And how this meddling takes the place of thought, judgment, and action. The work of Arendt sheds light on the phenomenon of the judicialization of schoolchildren, as a public concern for private problems and the loss of interest in the common destiny of politics. The analysis of the de-structuring of the public and private spheres and the emergence of the social sphere can lead to possible answers to the difficulty of distinguishing at present what is specific to politics and what should be protected in the private sphere since the Judiciary proposes to offer political answers to social problems, which have neither public nor private characteristics, in the Arendtiana’s perspective. The Arendtiana lines of thought provide us with epistemological content that allows us to refer to the study on screen, with its critique of political alienation, and about science as an ideal of progress that aims to respond to all the evils of the world, the crisis of tradition, authority and responsibility, the mass society and the crisis in education that emerges in modern education as an instrument of politics. The appreciation of the current displacement of politics to the scope of the judiciary, problematizing the political and juridical process that has invaded the school field, shows that the judicialization occurs as an anomalous process and weakens the representative system of the school as a place of thought, reflection, action and the exercise of discourse. These propositions aimed at the construction of the thesis that carried out a bibliographical research documentary with the analysis of the works of Arendt with the use of the historical-legal method.