O processo estrutural como meio de garantia do direito fundamental à educação inclusiva

Abstract

The present research proposes to analyze the structural process as a means of guaranteeing the fundamental right to inclusive education, in view of the difficulty that Brazil has in implementing its own constitutional law, in the sense of effectiveness of education for all, with an appropriate teaching and without discrimination. And from the moment when educational issues are judicialized, configuring them as structural disputes, that is, when there is the collective, polycentric, multifaceted dimension of the specific case, the possibility of using a new procedural form, which is, the structural process, with the purpose of reformulating or restructuring a particular practice or system, with the objective of guarantee rights disrespected as yet. In this sense, this research aims to answer the following question: can the structural process be considered an instrument to guarantee social rights, such as inclusive education? If so, what is the best way? In that way, the general objective of this study is to analyze the peculiarities of the right to inclusive education, as well as the elementary points of the structural process, as a new landmark, which will break paradigms and be effective in terms of the protection of fundamental rights, being able to be used in social rights, of great regional and/or national repercussion, with the purpose of rethinking the process model we have today and guaranteeing greater dialogue and cooperation between all procedural and institutional actors. For that, a methodology of mainly bibliographic, documental and jurisprudential nature was used as methodology, being the research eminently theoretical.