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Minister Luiz Fux, president of the Federal Supreme Court (STF), withdrew from the agenda of the November 11 trial the PSOL action that seeks to impose gender ideology in schools. Introduced by PSOL, ADI 5,668 wants, among other things, the use of the social name, approval of minors of the same sex, classes on gender theories, etc. The decision was made after Fux received deputies from the Catholic Parliamentary Front, the Evangelical Parliamentary Front and representatives from Anajure. friend of the court in the process. Read the full PSOL complaint here.
The direct action of unconstitutionality was presented by the party in 2017, after several attempts to include references to the words “gender”, “gender identity” and “sexual orientation” both in the National Education Plan (Law 13.005), which was approved by the National Congress in 2014, as well as in the state and municipal educational plans, which were discussed in 2015. The PSOL also denounces the absence of the subject in the National Common Curriculum Base (BNCC), approved in 2017. At its meeting with Fux, the deputies stated that the issue had already been widely discussed by Congress in these votes and, therefore, a new debate on the issue outside the legislative branch would not have made sense. The postponement, however, does not prevent the action from being judged in the future by the court.
The PSOL denies the imposition of gender ideology
The PSOL, through its press office, sent a note to the People’s Gazette denying the intention to impose a “gender ideology” in schools. The party maintains that “The Direct Action of Unconstitutionality (ADI) 5668, to which the text refers, has no relation to ‘gender ideology'”, and invites you to read the initial petition. According to the party, only the request remains “that the National Education Plan (approved by Law 13.005 / 2014) include the prevention and prohibition of intimidation homophobic. Countless excerpts from the document make this information very clear. “
The gender ideology – so called because it has no scientific evidence – defends that no one is born male or female, but that each individual must build their own identity, that is, their gender throughout life. That is why LGBT activists insist that parents must allow children to decide on their own gender. In fact, research on gender dysphoria in children shows how the spread of this ideology is detrimental to children. Studies like American College of Pediatricians, published exclusively by People’s Gazette, conclude the lack of solid evidence to stimulate sex change among children, which can promote invasive, early and irreversible treatments that produce serious physical and psychological effects.
The prohibition of bullying is already foreseen in the law.
Regarding the justification presented by the PSOL for the action, preventing bullying against transgender children in schools, the lawyer specialized in Constitutional Law, Acácio Miranda, explains that the containment of bullying, violence and discrimination is something that already forms part of the powers of educational institutions. and it is foreseen both constitutionally and in the Law of Guidelines and Bases of National Education (LDB), so the action would not have practical effect.
“It is part of the structuring of our educational system to teach children to respect differences and live with them. Bullying is something that has also been increasingly debated. ADI’s proposal broadens this discussion, but I think they are discussing something that is already enshrined in the Constitution and the LDB, ”he observes.
On the other hand, the professor of Constitutional Law and Attorney of the Federal Public Ministry André Borges Uliano, affirmed that if the action is judged valid, the effect would be to generate a “shield” to allow more incisive approaches related to gender ideology, with content that are not suitable for school children.
“On behalf of gender issues, you can, for example, explain to children that sexuality is something totally fluid and that they can be boys or girls at all times. All kinds of content and approaches to deconstruct biological sex will be transmitted to children in the name of bullying prevention ”, Uliano emphasizes.
In the evaluation of the Professor of Constitutional Law and Doctor of Law at the University of São Paulo (SP), Antônio Jorge Pereira Júnior, a consequence of an eventual judgment of the action so well founded could mean anticipating certain issues related to sexuality for the child and youth universe. “We are playing with the imaginary, with the psychic dimension of children. When working on gender issues for this audience, experiences can be anticipated, familiarizing children with issues that are beyond their pedagogical needs, ”he says.
The teacher also reinforces that schools are already concerned with combating actions related to bullying and pedagogical and legal provisions related to the assessment of aspects such as solidarity and respect for all people. Pereira Júnior also questions whether teachers would be prepared to address such sensitive issues in the classroom. What would be the appropriate training for the teacher to teach gender issues? Different manipulations can enter this gap, especially in vulnerable groups such as children ”.
The claims contradict the will of the majority of the population, say lawyers
The lawyers consulted by People’s Gazette They also highlight that the claims formalized in ADI 5,668 would be undemocratic, since they go against the will of the majority of the population. The manifestation of the parliamentarians when defining the educational plan at the federal level, which was followed at the lower levels – in the states and municipalities -, is a reflection of the representativeness effect of the parliaments.
“Our representative system is a proportional system so that all ideological biases are covered. But, regardless of the biases contemplated, the majority should prevail, although the option of this majority may be debatable in some circumstances ”, highlights Acácio Miranda.
Uliano reinforces that the non-compulsory approach to gender issues in schools has democratic support.
“I remember that, in 2015, in the preparation of municipal educational plans, parents of students went en masse to city councils to claim that they did not want content related to gender ideology to be addressed in schools, considering them inappropriate for the children. . Society has mobilized and parliaments have accepted, that is why these decisions have intense legitimacy ”, he says.
To reinforce the democratic aspect related to the subject, Uliano cites a survey carried out in 2017 by Paraná Pesquisa, which revealed that 87% of Brazilians are against gender ideology in schools. At that time, 2,365 people from all units of the federation were asked the following question: “Should the theory that a person can choose his or her own gender be part of the school’s curriculum?” Among all the participants, only 8.6% answered positively to the question.
Contrary to what the first version of this article says, the PSOL does not directly require the implementation of “common toilets”, although it defends in the body of the initial petition the use of toilets according to the gender with which the minor identifies. The party cites the issue of bathrooms, in section “3.1. Facts and Law” of the initial petition. According to the party: “Transvestite and transsexual children and adolescents see themselves as having no alternative but to leave schools due to the profound lack of respect for their gender identity (they are not allowed to dress according to the gender with which they are they identify themselves, use of the bathroom accordingly, etc.). The suffering that transvestites and transsexuals experience when they are forced to live according to a gender incompatible with their gender identity is indescribable, hence this lack of respect ends up being largely responsible for their dropping out of school ”. The text also adds the PSOL statement on the matter.
Corrected on 05/11/2020 at 4:13 PM
