A supressão das temáticas de gênero e sexualidade do Plano Nacional de Educação: uma análise da atitude legislativa à luz do conjunto normativo nacional

Abstract

This body of work aims to illustrate on which way the legislative decision to omit gender and sexuality themes on the National Plan of Education breaks current norms of the Brazilian state in a manner that goes against a democratic and egalitarian education. It has also been sought after to understand whether or not there are contributing factors that have influenced the direction of legislative actions so as to supress the terms. On this context a study has been performed on the national normative set, especially concerning the 1988 Brazilian Federal Constitution, as well as assessment of already established decisions by the Brazilian Supreme Court regarding the teaching of sexual diversity and gender in schools as a way to map and understand the decision-making profile of the court. It is hoped that it should be possible to visualise the importance of having, in the National Plan of Education, the provision of debates on gender and sexuality as well as the understanding of the relevance of inserting such themes in schools. For such, this study has employed the qualitative approach, of exploratory character, having bibliographical research and jurisprudential analysis as the main technical procedures. The results obtained indicate that the National Plan of Education, by supressing gender and sexuality themes from its text, not only violates norms that are envisaged by the Brazilian state especially the Brazilian Federal Constitution – but also acts against the position sustained by the Brazilian Supreme Court, substantiating a backward and antidemocratic attitude.