O Processo Estrutural como contribuição para a efetivação do direito fundamental social à educação de quilombolas: uma análise da realidade de comunidades localizadas no município de Pelotas/RS

Abstract

The research aims to identify contributions of the structural process in ensuring the right to basic education for quilombola communities in the Municipality of Pelotas (specifically Algodão, Alto do Caixão, Cerrito Alegre, and Vó Elvira), through the provision of Elementary Education in quilombola territories or adjacent areas, as well as continuous training for education professionals. In addition to bibliographic and documentary contributions, the investigation is grounded in empirical studies. Within the constitutional framework, the research incorporates provisions from Articles 1, 3, 4, 6, 205 to 208, 214 to 216-A, 227, and also Article 68 of the Transitional Constitutional Provisions Act, highlighting the government's obligation to organize efforts directed towards delivering the rights to education and culture, with special attention to children and adolescents, typically to be achieved through public policies. In the infraconstitutional context, among other equally relevant norms, the research addresses provisions of Law No. 12,288/2010, which establishes the Racial Equality Statute, as well as Law No. 9,394/1996, amended by Laws No. 10,639/2003 and No. 11,645/2008, setting the guidelines and bases for national education to include the mandatory inclusion of the theme "Brazilian Afro and Indigenous History and Culture" in the official curriculum of the education system. Additionally, the study discusses Resolution CNE/CEB No. 8/2012, which outlines the National Curricular Guidelines for Quilombola School Education in Basic Education. The research also points out internationally ratified conventions by the Brazilian state, crucial to understanding and implementing the rights to education and culture, such as the International Labour Organization Convention No. 169, the International Covenant on Economic, Social, and Cultural Rights, and the recent Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance. In this context, considering the existence of flaws or even absences in the realization of recognized rights for these communities, the research seeks to answer the following question: How can the structural process contribute to ensuring the right to quilombola education (Elementary Education) in the Municipality of Pelotas, specifically in the thematic areas of implementing school units in quilombola territories or adjacent areas, and continuous training of education professionals? Through an inductive approach, the research demonstrates that the structuring procedural format can contribute to the realization of the fundamental social right to education for these peoples. Regarding the continuous training of education professionals, where structural problems were indeed identified, contributions were suggested, including broad participation and contradictory perspectives, complex and cooperative case analysis, polycentrism, dialogue, and other structural procedural characteristics and techniques analyzed in the study.