TIEZI, Edvânia Ferreira do Nascimento. Et al. The emancipation of education as a tool for the realization of Human Rights in Brazil. Revista Científica Multidisciplinar Núcleo do Conhecimento. Year 04, Ed. 11, Vol. 06, p. 79-93. November 2019. ISSN: 2448-0959, Access link: https://www.nucleodoconhecimento.com.br/education/emancipation-of-education
This article presents a bibliographical analysis on human rights and education, highlighting the historical process of human rights in Brazil and in the world, and on education as one of the rights that have been conquered over time, so that, the importance of education in Brazil will be highlighted not only as a right, but as an effective means to guarantee other fundamental rights to human dignity. The study used works that deal with the four generations of human rights and education with a focus on these. The texts pointed out that they are part of a struggle for equality and equity, and an education in human rights builds a culture of citizenship, in which subjects are critically prepared for a life in a free and democratic society.
Keywords: Human Rights, Education, Citizenship.
The history of Human Rights is very old and goes back to the 17th century in the Glorious Revolution in England and extends to the so-called bourgeois liberal revolutions. The idea of citizenship is even more remote, being visualized in Ancient Greece, in which the so-called Greek citizens contained rights, above all, political participation in Athenian democracy. It was through this model of society that the foundations of what is present in contemporary Republics were built. Before, they excluded women, children, foreigners and slaves, the latter, a condition for the economic structure experienced in the historical period of classical antiquity societies and in Brazil after the Portuguese invasion with the African slave trade from the 16th to the 19th century.
However, when we talk about Human Rights, common sense refers to the phrase “bandits’ rights”, especially due to criminal and violent actions in unequal, prejudiced and patriarchal societies as an example of ours. In such a way that the popular classes are often considered violent and dangerous, going against the rights of “good citizens”. According to Benevides (2000) and Moehlecke (2008), although this view is still predominant, many academic works have been dealing with this topic with great relevance, emphasizing above all the reduced perspective of Brazilian society of what is currently understood by human rights.
“Portanto, no Brasil, hoje, é extremamente importante situar direitos humanos no seu lugar. A geração mais jovem, que não viveu os anos da ditadura militar, certamente terá ouvido falar do movimento de defesa dos direitos humanos em benefício daqueles que estavam sendo perseguidos por suas convicções ou por sua militância política, daqueles que foram presos, torturados, assassinados, exilados, banidos. Mas talvez, não saiba como cresceu, naquela época, o reconhecimento de que aquelas pessoas perseguidas tinham direitos invioláveis, mesmo que julgadas e apenadas; que continuavam portadoras de direitos e que se evocava, para sua defesa e proteção, a garantia dos direitos humanos, o direito a ter direitos. ” (BENEVIDES, 2000, p. 39)
In this sense, this article will bring a brief explanation of the history of human rights in Brazil and in the world, and education will also be highlighted as a key factor for the practice of these rights in a broad and effective way, being a way of knowing them and claiming them. Thus, we will present education as the center of discussions regarding the formation of critical and conscious citizens for an experience in a democratic society like ours, mainly, in the development of competences, attitudes, values and abilities for the construction of a society that seek better living conditions and justice for all without discrimination.
“O acesso à educação é também um meio de abertura que dá ao indivíduo uma chave de autoconstrução e de se reconhecer como capaz de opções. O direito a educação, nesta medida, é uma oportunidade de crescimento cidadão, um caminho de opções diferenciadas e uma chave de crescente estima de si”. (CURY, 2002, p.260)
Through a bibliographic review, we will analyze the four generations of human rights and when the need arises for public, free and quality education not only the elites, but also the popular classes, in addition we will show the importance of education for the growth of Brazil , above all, in the current contradictions of neoliberalism, of market demands. However, we will emphasize an education focused on human rights, more precisely with its importance in the broad and global development of individuals in a democratic society.
1. HISTORICAL CONTEXT OF HUMAN RIGHTS
In the historical context of Human Rights there is a consensus among researchers, so, to contextualize them, we will start by highlighting the three generations of these rights. The first generation was during the so-called bourgeois revolutions of the end of the 18th century, with which, with the advent of liberalism, civil rights and individual liberties were consecrated, such as religious, political, coming and going, economic freedom, to acquire property, of justice, security, physical integrity, expression and opinion. Some important documents, inspired by Enlightenment ideas, should be highlighted, such as the Declarations of Rights of the United States and France during their revolutions, consolidated in their legal Constitutions.
The second generation took place at the end of the 19th century to the middle of the 20th century. In this historical moment, we included disadvantaged social groups, especially the working class, which had a great influence from the bases on socialist and social-democracy ideas, and materialized in the so-called Welfare State. It happened when the working class fought for social, economic and cultural rights, in order to guarantee better conditions of work, salary, paid vacations, social security, leisure and social security, thus seeking a more dignified life with access to health, education, housing, consumption of cultural goods, among others that only the bourgeois class had.
Finally, the third generation, we cover the collective rights of contemporary humanity, such as world peace, the defense of the environment, development, the autonomy of peoples, cultural, scientific and technological heritage, that is, they are the rights of solidarity planetary.
Therefore, the historical moments portrayed, bring the evolution of Human Rights, in order to show us the importance and the struggle for their conquests, struggles that must be permanent, because, even if these rights are contained in Declarations as the most famous of 1948, the Universal Declaration of Human Rights, written shortly after World War II and in pacts such as the International Covenant on Economic, Social and Cultural Rights (Pidesc) and the International Covenant on Civil and Political Rights, both approved by the UN in 1966, described in Constitutions of several countries such as Brazil, it is necessary that the State and its citizens commit themselves to their surveillance and practice, without having a privileged class/people, as happened in the extreme right and left totalitarian regimes of the 20th century.
Thus, says Soares (1998), even with a whole process of struggle in favor of human rights in declarations, it is necessary that they become reality, because some elitist groups distort their ideals to maintain their privileges and/or to control the classes. devoid. Therefore, human rights are fundamental, as they are indispensable for a dignified human life. Furthermore, it was a great revolution in thought and in the history of humanity that we arrived at an indisputable reflection that all human beings have the same dignity.
Soares (1998) also highlighted that human rights are natural, universal, historical, indivisible and interdependent, as they are linked to human nature and change over time and space, in addition to being fundamental rights of the human person, thus, they cannot be fractional, however, this is not always what happens. In such a way, that we visualize daily through the media acts that are considered abominable and cruel, which often leave us shocked, such as child labor, violence against the elderly or femicides. However, even if for some they are treated as commonplace or normal, it is common to hear that such actions go against human rights and that the aggressors must be punished, so we get used to this news and to the basic rights of human beings, as stated Gratian,
“Os direitos humanos são um conjunto de princípios aceitos universalmente, reconhecidos constitucionalmente e garantidos juridicamente. O objetivo dos direitos humanos é assegurar a qualquer pessoa o respeito à sua dignidade, na sua dimensão individual e social, material e espiritual. É garantir que qualquer pessoa, independentemente de sua nacionalidade, sua religião, suas opiniões políticas, sua raça, sua etnia, sua orientação sexual tenha a possibilidade de desenvolver plenamente todos os seus talentos”. (GRACIANO, 2005, p. 6)
Even with all the advances in declarations, pacts and laws, Moehlecke (2008) assured that the effective practice of human rights is a slow process, which requires mobilization of the State and society for effective actions, being in eternal vigilance, since, in fact, men are not free and equal in rights in all countries of the world. In this way, the notion of human rights corresponds to the affirmation of the dignity of people not only in relation to others, but before the State, they were written in declarations or in laws to ensure an adequate standard of living for all people.
2. HUMAN RIGHTS IN BRAZIL: A CONTEMPORARY AFFINITY
In Brazil, the history of human rights did not occur in the same way as in European countries, since we were colonized by a country on this continent, as well as other Latin American countries.
Our history shows us that we are still marked by inequality, violence and authoritarian practices (MOEHLECKE, 2008). It was in this unequal society that our country developed. We did not experience revolutions like the industrial and workers’ revolutions to obtain human rights, because here, not all were considered human, the minority of white men reigned with powers given by the Portuguese crown and the Catholic Church. It was in the horrors of slavery and patriarchy that the uneven foundations of our history were built. (CURY, 2002)
Even with the independence of Brazil, with the abolition of slavery or the proclamation of the Republic, the laws granted by the legislators excluded a large part of society, marginalizing former slaves and their descendants, women and poor whites. The legacy of colonial exploitation was maintained and still is when analyzing data on social, racial and gender inequality in Brazil.
We can say that the 1988 Constitution, the “Citizen Constitution” brought a model for the transition from a dictatorial period (the military dictatorship), to democracy and the institutionalization of human rights. Since, in the period from 1964 to 1985, the military ruled in an authoritarian way, taking away all the rights of Brazilians, especially civilians and politicians (MOEHLECKE, 2008)
With the resumption of democracy in our country, we slowly made progress in terms of laws and plans for the realization of human rights in Brazil, in this case we will cite the National Human Rights Plan (PNDH) approved in 1996 and revised in 2002. However, with all this progress, we still see cases of disrespect for these rights and also the disinformation of the population due to the historical legacies of authoritarianism, still emphasizing the idea of “bandits’ rights”.
Thus, as guaranteed by Moehlecke (2008), it is necessary to recognize every Brazilian citizen as a subject of rights, capable of participating in the country’s decisions, for this, it is necessary to change from passive to active citizenship, which establishes the citizen as a bearer. rights and duties equally, without distinction of creed, race, ethnicity, social class, sexual orientation or gender. So,
“… Ao instituir o Estado Democrático de Direito, define como seus fundamentos a soberania, a cidadania, a dignidade da pessoa humana, os valores do trabalho e da livre iniciativa e o pluralismo político. Vale ainda ressaltar que a República Federativa no Brasil, regendo-se em suas relações nacionais e internacionais pelo respeito aos direitos humanos, traz como seus objetivos fundamentais, dentre outros, a erradicação da pobreza e da marginalização e a redução das desigualdades sociais e regionais. Indica, desse modo, sua consonância com a concepção contemporânea de direitos humanos, que abrange a garantia não apenas de direitos políticos e civis, mas também de direitos econômicos, sociais e culturais.” (MOEHLECKE, 2008, p.8)
3. HUMAN RIGHTS IN SCHOOL: PRACTICING CITIZENSHIP IN DEMOCRACY IN THE FOURTH GENERATION OF HUMAN RIGHTS
Ensuring human rights means ensuring that all citizens are treated equally and have full participation in all instances, as a practice of citizenship, in which everyone has the same rights and duties.
According to Soares (1998), citizenship is an eminently political idea that is not necessarily linked to universal values, but to political decisions, they are related to the legal-political regimes of a country, in the past, citizenship in practice was not guaranteed to all, it was based on historical evolution and is linked to human rights that are broader and more comprehensive, conquered during revolutions and spread in three dimensions: civil, political and social.
For citizenship to happen fully, it is necessary that human rights are respected and that everyone knows them, for this an efficient, free and mandatory educational system is needed. According to Fernandes and Paludeto (2010), it is through education that individuals in a democratic state like Brazil, that rights and duties will be incorporated into an experience of equality, freedom in dignity and rights, so we need to understand that education is also it is a right and necessary for human development.
In this sense, when we talk about human rights at school, we talk about education for citizenship, not with a moral and civic education, with the cult of the country, in a nationalist civic spirit, but as a participatory and solidary citizen formation, aware of their rights. and duties, an education focused on democracy, with popular sovereignty and respect for human rights. Benevides (2000) declared that this is the fourth generation of human rights: the right of humanity to democracy and also to rights that may arise from new scientific discoveries and with new approaches arising from the recognition of cultural differences and, in addition, transformations policies.
For Fernandes and Paludeto (2010), to understand and participate in a democratic State with the exercise of democratic citizenship, it is essential that citizens learn about it, so the school must be a space for education for human rights, where the experience of the value of equality in dignity and rights for all, must be based on the development of feelings and attitudes of cooperation, solidarity and mutual tolerance. We also emphasize that it is necessary to develop the capacity of each individual to understand the consequences of their actions in their personal lives and in the society that surrounds them, in order to create a sense of responsibility for their attitudes. In this way, human rights education aims at the formation of a critical, responsible, participating citizen committed to the practice of rights and duties, and, above all, to change their own social condition.
In this sense, the educational process to the understanding and practice of human rights, the school needs to be an environment in which teachers, students, managers, employees and parents and/or guardians are together and sharing democratic ideals, in order to provide discussions /debates for democratic coexistence, based on ethical values and social responsibility, equality, freedom and solidarity.
Cury (2002) and Graciano (2005) agree that for an education based on human rights to materialize, in addition to the school space, the State needs to guarantee equal opportunities through public policies, not only in legislation, so that the school , especially the public one, form citizens with a culture of respect for human dignity, a culture for change, of not accepting the violation of the rights of any individual, of seeking ways to change the reality in which they live, especially those who are in situations of poverty, marginality, violence, drug trafficking or prostitution, that is, people who live in places where basic rights do not exist, so education for the exercise of human rights will provide a social transformation, with the possibility of reducing or end inequalities, especially class inequalities.
Ensuring that people are treated as equals does not mean that everyone is exactly the same subject, on the contrary, the right to equality presupposes the right to difference, cultural, religious, sexual, regional diversity, etc., in this sense, education aims to provide studies not only of theories or calculations, but of the knowledge of human history itself, its cultures, its ways of thinking and acting, so that individuals can learn to respect and tolerate the different, thus, this learning will make them they are ready to face day-to-day situations that will require conscientious, critical, reflective citizens with social responsibility in a democratic State of law.
“Portanto, a ideia de educação para a cidadania não pode partir de uma visão da sociedade homogênea, como uma grande comunidade, nem permanecer no nível do civismo nacionalista. Torna-se necessário entender educação para a cidadania como formação do cidadão participativo e solidário, consciente de seus deveres e direitos- e, então, associá-la à educação em direitos humanos”. (BENEVIDES, 2000, p. 6)
4. HUMAN RIGHTS AND EDUCATION IN BRAZIL: THE RIGHT TO TEACHING AS A LIBERATING PRACTICE
Brazil went through historical moments that excluded the majority of the population, enslaved blacks, indigenous people, poor women and men and later free blacks. In addition to being deprived of what are now called basic rights for a dignified life, they were also treated as “inferior”, considered “backward” compared to the male landowner elite, and were even excluded from the right to study. Public, free, compulsory and secular education was only conquered at the end of the 20th century and extended to the lower classes in the following century, with the expansion of elementary education and the opening of new vacancies in secondary education, influenced by international financial institutions such as the International Monetary Fund (IMF) and the World Bank.
Currently, education is a right for everyone, it has been extended to any individual without any racial, sexual, regional or class distinction, it is provided for in the “Citizen” Constitution of 1988, as well as the Estatuto da Criança e do Adolescente (ECA) of 1990 and the Lei de Diretrizes e Bases da Educação (LDBE) and the Plano Nacional de Educação (PNE), laws that made it possible to universalize basic education in the country.
We emphasize the ECA as an important legislative instrument for the integral protection of children and adolescents from 0 to 18 years of age, especially the right to education, as Fernandes and Paludeto assured,
“… Estatuto prevê que toda criança e adolescente tem direito à educação, sendo de sua obrigação visar o pleno desenvolvimento da pessoa, preparo para o exercício da cidadania e qualificação para o trabalho, assegurando-lhes: igualdade de condições para o acesso e permanência na escola; direito de ser respeitado por seus educadores; direito de contestar critérios avaliativos; direito de organização e participação em entidades estudantis; acesso à escola pública e gratuita nas proximidades de sua residência; é também dever do Estado assegurar ensino fundamental obrigatório e gratuito (Artigo 208 da Constituição). Da mesma forma, os pais têm a obrigação de matricular seus filhos na rede regular de ensino e os dirigentes de estabelecimentos de ensino fundamental, o dever de comunicar ao Conselho Tutelar (criado a partir desta lei) quando houver maus tratos, faltas injustificadas e elevados níveis de repetência. Nesse sentido, deverão ser respeitados os valores culturais, artísticos e históricos próprios do contexto social das crianças”. (FERNANDES and PALUDETO, 2010, p. 236)
With regard to the promotion of human rights-oriented education in Brazil, this idea gained strength in the mid-1990s, more precisely in 1995, with the so-called decade of human rights education. In 2004, the World Program on Human Rights (PMEDH) and the Action Plan were approved, which were approved in their final version in 2006. The PMEDH is important because it guided public policies aimed at basic, higher, non-formal education for justice/security and media systems. The objective was to promote and spread a culture of human rights in the country. (GRACIANO, 2005)
According to the PMEDH, human rights education must be permanent and global, especially in the school environment, as it is no use just learning what human rights are if they are not experienced in the environment in which they live or attend. In such a way, that the curricular programs, the initial and continued training of education professionals, the political-pedagogical project, the teaching materials, the management model, teaching methodologies and assessments use democratic, participatory and collective construction procedures , so that there is a social and emotional development of all subjects in the teaching-learning process.
Inspired by the PMEDH, the National Curricular Plan of 1997 led the education departments at the federal, state and municipal levels to emphasize in their curricula an education focused on human rights for the practice of citizenship. , the so-called transversal themes, in which essential values for solidary life in society are worked, such as ethical reflection in various situations of social life and cultural plurality, with the aim of disseminating values of solidarity, cooperation, justice, respect, tolerance and appreciation of the ethnic and cultural diversities of the different social groups in the country, in addition, aiming at the knowledge of socioeconomic inequalities and social injustices so that transformations can be criticized and demanded through civil claims.
Human rights, in this sense, only become effective when civil society demands them, for that, the first step is to know them and know when and where to claim them. Thus, education is the main means for this to happen, in which the individual takes his rights as facts and reality, on the perspective and possibility of building a democratic and fair society, as it is an indispensable means for promoting other rights.
Ensuring the right to education in Brazil has always been a struggle, because, according to IBGE data on basic education, even with the universalization of education, there are still, especially in the poorest parts of the country, conditions for permanence and quality in this area. teaching modality. Basic conditions in schools are lacking, regarding adequate space, teaching materials, food, the condition of poorly paid and/or malformed professionals, etc., in addition to degrading situations in which many students experience in their family environment.
According to Graciano (2005), Brazil has conquered, through a lot of struggle, laws, programs and plans for universalization and non-discrimination in schools. Education in these parameters has slowly evolved in terms of gratuity, availability, accessibility, acceptability and adaptability to anyone, even if it is an adult who did not have the opportunity to study as a child or teenager, or even people with special needs. For this, we need to understand that education is not a favor of the State, but an obligation, a right of all, which must be demanded from Organs competent bodies when this right is violated or disrespected. In order to enforce the law, government actions with public policies that guarantee the right to education are needed, in addition to the participation of civil society, it must be attentive, inspecting and monitoring actions of the bodies responsible for the elaboration, implementation and management of educational policies.
Equalizing the opportunities for all people to access, remain and complete Basic Education, in addition to having quality education, is a search for an education based on human rights. Even in a capitalist and competitive society like ours, with its setbacks and social inequalities, education must be understood as a right, not just in legislation, it should be a priority for governments, since it makes the country develop, because it provides human development with its potential. Thus, education as a human right presupposes the development of all human abilities and potential, including the social value of work.
“A realização do direito humano à educação está diretamente relacionada a atitude ativa da sociedade civil no sentido de participar, fiscalizar e monitorar as ações dos órgãos responsáveis pela elaboração, implementação e gestão das políticas educacionais. Nesta concepção, a possibilidade de um exercício pleno dos direitos humanos está ligada de forma indissolúvel ao constante desenvolvimento da sociedade democrática”. (GRACIANO, 2005, p. 40)
In modern and capitalist societies, school knowledge is almost a condition for survival and well-being. People who attend a quality school, exercise their citizenship better, for this, the school, especially in the classroom space, the teachers need to stimulate in their students practices that place them as active subjects in a democratic society. Therefore, education needs to be liberating, in the sense that students can, as adults aware of their importance in society, produce knowledge, transform their environment, organize themselves socially and develop culture.
Unfortunately, due to neoliberal policies and the force of market ideals, education is seldom seen as a right for citizen formation, that is, for the formation of individuals with full rights and duties, since it prevails in the discourse of training to obtain labor. In this sense, a liberating education shows us the importance of each person as a transforming agent, who can and must improve their condition and the social environment.
Thus, according to Bittar (2007), it is important to distinguish education as training and education as training, because educating means preparing individuals to develop not only technical-operational qualities, skills and competences, but a broad, critical and humanistic training, so that can be prepared to live in a democratic and challenging society. Thus, an education focused on human rights is liberating, as it is a preparation to challenge, mobilize, acquire strategies and instruments of transformation and emancipation.
An education project based on human rights must, above all, be able to sensitize and humanize, to build a society prepared for the exercise of autonomy, which is aware of the historical past, to analyze its own reality, its social participation and self-reflection. of their individual and collective actions, in order to have future perspectives that can change. Hence the emancipatory role and the construction of autonomy, which is only possible to be acted upon by education. As Bittar stated,
“O ensino fundado em raciocínios técnico-operativos não consente a formação de habilidades libertadoras, mas, muito pelo contrário, fornece instrumentos para operar dentro do contexto de uma sociedade exacerbadamente competitiva, consumista, individualista e capitalista selvagem”. (BITTAR, 2007, p.321)
Thus, a liberating education is challenging, as it develops the ability to feel and think critically, generating multiple sensations that stimulate thinking, autonomy, creativity, awareness, humanization, the exercise of dialogue, tolerance, socialization. , accountability, solidarity, in short, an education that creates individuals for the exercise of democratic citizenship.
5. FINAL CONSIDERATIONS
The history of humanity is full of great advances and discoveries, at the same time, contradictions, conflicts and divergences appear. We realize every day that a healthy and tolerant coexistence is necessary. It was in this sense that ideals were born that guarantee that all human beings have a dignified life, without discrimination and excessive exploitation, hence Human Rights. However, it was not easy, as it promoted a lot of struggle and many centuries for everyone to have the same rights, and they are still not fully practiced in different parts of the world.
In Brazil, for example, violations of basic human rights are constant, because we come from a trajectory of authoritarian and oligarchic regimes, so we need deep changes in culture, mainly due to social inequalities. Therefore, as already discussed in this text, education is the main factor of the transformation of a society, for this, the school, its agents, the community that surrounds it and especially the State must guarantee that everyone has access and quality in its services. . In addition, we need pedagogical practices in favor of a culture of human rights, in which a more just society is gradually developed, which forms citizens for democracy, obtaining autonomy, critical and humanistic development.
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APPENDIX – FOOTNOTE
5. Statute of the Child and Adolescent of Brazil.
6. Law of Guidelines and Bases for Education in Brazil.
7. National Education Plan of Brazil.
 Master’s student in education (Uniara), postgraduate – lato sensu specialization in school management (Faculdade São Luís de Jaboticabal), undergraduate degree in Pedagogy (Cruzeiro do Sul) and graduation – Degree in History (Faculdade São Luís de Jaboticabal).
 Master’s in Education (Uniara), postgraduate –MBA in Logistics and Distribution Channels (Uniara), graduated in Pedagogy – (Alvorada Plus) and graduated in Economic Sciences (Unesp)- Degree in Economics (Fatec Americana).
 Master’s student in Education (Uniara), postgraduate – School Inclusion by (Faculdade Innovare), postgraduate in Specialization in Sociology Teaching in High School by (UFSJ), graduation in Letters by (Faculdade de Educação São Luís) and degree in Pedagogy from the (UNIFRAN).
 Doctorate in Education: History, Politics and Society. Master in Education: History, Politics and Society. Specialization in Psychopedagogy. Degree in Pedagogy.
Sent: June, 2019.
Approved: November, 2019.