Paulo Freire e a pedagogia do oprimido: afinidades pós-coloniais

The main objective of the present research is to reflect on the affinities between post-colonial theories - analytical perspectives directed toward the discussion of colonialism and its effects on the contemporary social fabric - and Brazilian educator, Paulo Freire‟s (1921-1997) Pedagogy of the Oppressed, written at the end of the 1960‟s. The study aims to make the argument that the present reflections on the featured work is an example of a post-colonial theoretical framework, delineating a critical modus operandi of colonialism, particularly in its cultural and epistemic dimensions, delineating a problematization of the processes of cognitive domination set, above all, by the European colonization of the Latin American continent, with the formation of the modern-world-system (WALLERSTEIN, 2007), dated from the 16TH Century forward. From this stand point, and especially supported by the contributions of Boaventura de Sousa Santos on the sociology of absence, the present work accentuates Pedagogy of the Oppressed as a set of reflections that bring the possibility of a pedagogy of absence (SANTOS, 1996), having in mind that, this book deals with, the presuppositions of an educational action, which considers the plurality of knowledge and social practices by way of the establishment of a pedagogical practice of collective construction, emancipator and dialogic that arises from the encounter to the indolent reason (SANTOS, 2009) in which the silencing of the voices of the oppressed, construct their conditions of invisibility, promoting also the absence of the social questions inherent to the processes of teaching and learning. It is with this perspective, however, that post colonialism is considered a theoretical site for the affirmation and the reinvention of the Pedagogy of the Oppressed, an obligatory reference in the construction of a prudent knowledge for a decent life (SANTOS, 2006)

Da jurisdição constitucional: uma análise da concretização dos direitos fundamentais à luz da hermenêutica constitucional

Trabalho sobre a concretização dos direitos fundamentais pela jurisdição constitucional, mostrando a importância da interpretação da Constituição para a obtenção da eficácia de tais direitos. Desenvolve-se a pesquisa a partir da explicação histórica sobre o constitucionalismo moderno, que implantou o Estado Liberal de Direito e as constituições escritas, e no qual encontra a jurisdição constitucional o seu embasamento cultural e a sua justificação histórica. Verifica-se que a origem da jurisdição constitucional assenta-se no controle da constitucionalidade das leis e atos normativos do poder público, fundado no princípio da supremacia da Constituição. Destaca-se o realce dado pela teoria material da Constituição à normatividade dos princípios constitucionais, tecendo considerações em torno da classificação das normas constitucionais em regras e princípios. Remarca o trabalho que o controle da constitucionalidade pode ser formal ou material, apresentando esta última modalidade uma conotação acentuadamente política, já que, por ele, a aferição da compatibilidade da norma infraconstitucional é feita com o conteúdo material da Constituição. A função primacial da jurisdição constitucional é tutelar os direitos fundamentais, especialmente os das minorias sociais. Tal função sobreleva-se até mesmo contra textos legislativos produzidos por maiorias eventuais, pois o princípio da supremacia da Constituição prevalece sobre a regra da maioria vigente nos regimes democráticos. Comprova-se que a concepção substancialista, adotada para definir os contornos funcionais da jurisdição constitucional, propõe uma maior intervenção desta na apreciação dos casos que lhe são submetidos. Salienta-se que, no Estado Democrático de Direito, derivado da aglutinação do Estado Liberal com o Estado Social e acrescida de um elemento novo voltado à transformação da realidade social, a jurisdição constitucional passa a levar em conta, com mais atenção e destaque, os princípios constitucionais e a sincronia do ordenamento constitucional com a sociedade por ele ordenada. Realça também o estudo que a atuação da jurisdição constitucional, segundo a ideologia democrática defendida pelo Estado Democrático de Direito, tem logrado obter uma sociedade mais justa, e que a comprovação histórica é francamente favorável ao seu ativismo judicial. Os direitos fundamentais dificilmente se dissociam da democracia, que lhes garante a eficácia pela limitação e visibilidade do exercício do poder, traços políticos que constituem a nota típica dos regimes democráticos. Mesmo que os direitos fundamentais tenham tido um caráter pré-estatal como preconizado pelo jusnaturalismo, são eles normas, e não valores, pois tão logo sejam positivados pela Constituição eles se tornam direitos vigentes. Assevera a pesquisa que os métodos concretistas de interpretação constitucional mostram-se mais adequados à obtenção da eficácia da Constituição, pela importância que os elementos objetivos, relacionados com o contexto material da norma, assumem no seu processo de aplicação e interpretação. Conclui-se ser essencial que os operadores e estudiosos do Direito se conscientizem de que a interpretação constitucional deve assumir uma feição principiológica e concretista, de modo a ser obtida a máxima eficácia possível das normas constitucionais, especialmente as de direitos fundamentais, acentuando-se mais a necessidade de um Tribunal Constitucional, cuja criação no Brasil constitui ainda tema polêmico entre os doutrinadores

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

O discurso formativo do Biólogo sobre a morte: matizes e metáforas do saber que o sujeito não deseja saber

This study - Biologist s formative speech about death. Nuances and metaphors from knowing that the subject of do not want to know - shows a marginal cognitive construction in scientific education from biologist - death. It considered as obvious that death is a theme that covers both the scientific education from biologist and the division of the subject, and concerns the splitting of the double life-death and the principles of inclusion and exclusion of the subject. Part of sensitive question: What is the epistemological weave who supports biologist's speech about death? It is constituted an object of study of the biologist s speech on death. It is advocated the thesis that: Death is an epistemological obstacle announcing for something always aims to escape from the perspective of knowledge, especially of scientific knowledge because, since it is understood as cognitive learning about the disruption of biological phenomenon life which is involved on weave of imaginary and symbolic constructions about the finiteness of life; it has constituted a metaphorical knowing - encouraged by the noisy silence - which does not allow to know in full, mobilizing hence subject in searching for transitional truths that reduce the ontological being-mortal anguish centered in subjective dimension involved in the act of knowing. From this movement of search that the object mental life after death wins a symbolic value that requires a real-looking multi-referential for the study of biology - life - and its implications: the finiteness of life, especially by moving the omnipotence of scientific objectivity expressed by signs and symbols that seek say the completeness of scientific knowledge-, signaling thus the existence of the dynamics of incompleteness implicit in subjectivity that supports knowledge relating to the double, life and death, and to the temporality of the existence of Homo sapiens sapiens, with the axis guiding the desire of the subject, do not want to know about death, implicit in the mechanisms objective-subjective founded by non-said of death is the epistemology of the existence of objective-subjective subject, whose core is the negation of death. The theoretical methodological knowing web is anchored in the multi-reference which favors a transit by theoretical current, as the Psychoanalysis, bachelardian philosophy, the epistemology of complexity, the Thanatology, the Social Psychology, and Etnocenology, and Understanding Interview. The unveiling of the study object from the analysis of oral speech of eleven biologists who serve in high school, from three main guiding: Death in the history of life,Death in biologist s academic education and, Conceptions about concepts

Cinema e educação :interfaces, conceitos e práticas docentes

This project goes beyond the interfacial field of cinema, History and education. We take as our object the epistemological potential of the cinema at the educational scenario, specifically the use of films integrated to the practices of History teachers and educative processes in which we have taken part as a builder. Our objective is to map, initially, the knowledge around this use to search a synthesis and its empirical application. From the methodological point of view, we have made use of different perspectives: (a) interviews with the educator subjects; (b) observation of their practices and formative circumstances; (c) filmic analysis and the relation of the cinema s epistemology with the other areas ones (initially History and further Journalism). Our analysis allowed us to portrait the film such as an epistemological-troubling category, what makes the cinema rather a builder technology and not simply a complementary and illustrative technological resource. Therefore, we have realized that the restriction to the cinema s educational function is linked to the restrictions to the theoretical categories to an only interfacial aspect: historical film as a film which portraits the past (at the historical field) and film on journalism as a film which approaches a single object of Journalism (at the journalistic field). These discussions happen, consequently, at the arena of the nature of cinema s genres (fiction and documentary), which are understood in a naïve way, simpler than its epistemological possibilities, boosted at this research when we analyze the confluence between fiction and reality. The reflections on educative practices and in formation related to the cinema had occurred in three empirical realities: research with professors in performance, practices docent s and accompaniment of students of history. Have to do with our personal career as a teacher and researcher and, when analyzed other practices, have become, unavoidably, the subject and object of this project

O coerentismo de Bonjour: uma leitura fundacional

In The Structure of Empirical Knowledge Laurence Bonjour tries to prove the inefficiency of a foundational explanation as a solution to the skeptical problem. His view is that there are no basic beliefs in the proper sense, that is, beliefs capable of having some justificatory force other than the ones derived by the coherence with other beliefs. We will show that this proposal is not achieved satisfactorily by BonJour, and that a non inferential observational belief in his theory would be more plausible if it were interpreted as being basic in terms of a weak foundational theory.

Interpretação e análise do problema da indução sob uma visão fundamentada em teorias de conjuntos e teoria de probabilidades

The following work is to interpret and analyze the problem of induction under a vision founded on set theory and probability theory as a basis for solution of its negative philosophical implications related to the systems of inductive logic in general. Due to the importance of the problem and the relatively recent developments in these fields of knowledge (early 20th century), as well as the visible relations between them and the process of inductive inference, it has been opened a field of relatively unexplored and promising possibilities. The key point of the study consists in modeling the information acquisition process using concepts of set theory, followed by a treatment using probability theory. Throughout the study it was identified as a major obstacle to the probabilistic justification, both: the problem of defining the concept of probability and that of rationality, as well as the subtle connection between the two. This finding called for a greater care in choosing the criterion of rationality to be considered in order to facilitate the treatment of the problem through such specific situations, but without losing their original characteristics so that the conclusions can be extended to classic cases such as the question about the continuity of the sunrise

Crítica ao fundacionismo cartesiano com base no argumento contra a linguagem privada

This assignment ains to prove the pertinency of using the wittgenstein´s argument against private language as a criticism to cartesian fundacionism. Therefore, I want to demonstrate in the first chaper the conceptual viability of facing the cartesian argument of cogito not as a simple silogism but as an exemple of a private experience (process of thinking). At the second chaper, the subordination of the argument against private language give us the idea that rules can only be followed by means of corrections givem by a linguistic community that is external to the private subject, in a way to be unviable the assumption that is possible to name an internal experience without searching external rules of the use of terms. At the chaper 3 the pertinency of the hypothesis raised by A. Kenny, about the overtaking of the argument against private language can be extended to the idea of epistemic and ontologic privacy that would lend validity to the fundacion present at the argument at the cartesian cogito. In oder to become evident the pertinency of use of Wittgenstein´s argument agaist Descartes´ fundation, it´s necessary, at the chaper 3, to demonstrate the impertinency of the objection to the A. Kenny´s hypothesis, based on the experiency of the thought of the brain at the recipient, to make clear the incompatibility existing between the cartesian idea of cogito and Wittgenstein´s notion that language is an activitie followed by rules, wich correction criterion may be external and intersubjective

“Currículo encarnado”: cartografia simbólica e afinidades pós-coloniais

This thesis has as main objective to reflect about the defining conceptual elements of the embodied curriculum concept, ident ified curriculum conception from the analysis about the rationality employed in the doctoral work of teacher Antonio Fernando Gouvê a da Silva, entitled The construction of the curriculum in popular critical perspective: the significant words to the context ualized practices , written and defended in the Postgraduate Program in Education: Curriculum, in the Pontifícia Catholic University of São Paulo, in 2004. We looked, also, on the problematization of the affinities between postcolonial theories – analytical perspectives towards the discussion about coloniality and their effect on contemporary social weaving – and the embodied curriculum concept. We argue that the reflections present in the aforementioned work bring an articulated curriculum concept based on three conceptual symbiotic elements, namely: negativity, dialogue and praxis, which, by endorsing the possibility of a curricular ingrained practice in the life context of the individuals, have some post - colonial inclinations that lead to the problematizat ion about the neo - colonial manifestations in curricular sphere, outlining a critique of the modus operandi of the colonialism, particularly, in its cultural and epistemic dimension from which the education is inseparable. For that, we used as methodologica l procedure the symbolic cartography, knowledge building strategy systematized by Boaventura de Sousa Santos, which allowed us to construct interpretive maps that enabled the symbolization of the universe which we longed to understand, that is, the concept ual categories mentioned above, which, in our view, underlie the concept of embodied curriculum. In this direction, we anchored ourselves in a meaningful dialogue with the theoretical approach of Paulo Freire and some of his interpreters regarding the disc ussion on curriculum, especially the reflections dev eloped by Antonio Fernando Gouvê a da Silva, and authors whose theoretical developments resonate in prospects for humanization, social justice and empowerment, among which we highlight: Theodor Adorno, Hug o Zemelman, Wilfred Carr, Adolfo Sánchez Vázquez, among others. We seek, in the same manner, on the contributions of authors considered post - colonial, as Hugo Achugar, Gayatri Spivak, Boaventura de Sousa Santos and Enrique Dussel, to name a few, the reason s why we consider the embodied curriculum as a place of political - pedagogical enunciation, conducive to an educational praxis that engages in a curricular work of reality translation in order to see what overwhelms it to, then, elicit the construction of a school curriculum as an awareness project for releasing in relation to what is unjust and inhumane. We consider, finally, that the success of this curriculum embodied translation implies a larger number of speakers mobilized in the production of knowledge that yearns for social emancipation and contribute to the enrichment of human capabilities as the maintenance of the life and the dignity of people.

O cinema como educação do olhar

The knowledge is only possible due to we exist bodily. However, during the educational experience, the epistemic potency of the body is neglected, declining the registers of the intelligibility. The current thesis approaches that problem obliquely: from a body and image philosophy which has revealed other ways of doing those registers in the modernity – understood not as period itself, but as a qualification for the negotiations between the real and the intelligible. The referred ways are explored through Merleau- Ponty’s and Michel Foucault’s works, which offer a spectrum about that new negotiation of the real. In order to approach the studied problem, the visibility and the human body motricity in the cinema are taken as analysis object. The mentioned objects have been analyzed through a corpus of movies of which plots are centered at the formal education and they require from the characters and the spectators engagement into a visual performance. Aiming to approach the object, it is questioned how the Education phenomenon is represented by the cinema; how the body is exposed and how spectators can see it. Analyzing the corpus and articulating Merleau- Ponty’s and Michel Foucault’s theories, it has been possible to state the following thesis: the cinema as an education of the gaze. The general objective of this study is to reveal the educational potency of the filmic experience, which provides a new path of intelligibility for Education. In that sense, the body as a visual operator widens the capacity of understanding the real. The current work is divided in three chapters. The first one brings the methodological approach: it is pointed how the theoretical articulation is properly arranged; it explains the method of using the images as indirect language as part of the reality description; the filmic corpus is presented, as well the criteria for the films choices and for the construction of instrument adopted during the object analysis are described. In the second chapter, it is problematized the incapacity of the western society of formulating the real discursively by debating Merleau-Ponty’s and Foucault’s theoretical contributions about the visual performance displayed on the images while the films are watched and analyzed. In the third chapter, the implications of the education of the gaze provided by the cinema are developed, mainly concerning about the place attributed to the visibility during the formulation of the real. Finally, paths are designed for the construction of another approach for the visibility in Education. Assuming the gaze as an experience of knowledge, this study aims to present other ways of being, seeing, thinking and feeling the world. Therefore, it is a proposal to reset the epistemic and subjectification patterns at the educational context.