A organização da educação no território federal do Amapá: do "ideal" ao real, do liberal ao conservador (1943-1958)

The present study on “organization education on Amapá’s Federal Territory (1943-1958)”, looked forward to answering the following questions: Was there an educational policy, in a systemic way, on the former Amapá’s federal territory? On the other hand, what were the main initiatives of the first intervenors for the education dissemination? After facing these questions, we established, as hypothesis, that the developed actions in the education’s scope on that territory back in the 40’s and 50’s were not able to implant an educational project in Amapá, since there was no preoccupation to understanding the sociocultural reality of Amapá’s population. Given this hypothesis, we analyzed the relation between the political practices developed by the first intervenor on the territory and the brazilian political scenario, from the legal-administrative nature of the federal entities and political conjuncture of the “New State” (1937-1945). To achieve that, we sought some similarities between Janary Gentil Nunes’s ways of governing and Getúlio Vargas’s political actions. To make this happen, it was necessary to check official documents out, as well as unofficial ones, especially the old articles published by “Amapá”, the local newspaper, official press tool back then, which disseminated the beliefs and values of the constituted authorities, with the purpose of “strengthen” the “modernization” ideal on the people. Such practice was based on the attempt of breaking off sociocultural economic backwardness of the territory, hiding out the reality of the Amapá’s population, marked by poverty, a high illiteracy rate and the typical tropical diseases from Amazon (Malaria). During the rupture’s process between the old and the modern, the education takes on a major role in the official speech, being used as political advertisement and as essential element to the modernization and to the development of a “new man”: now “civilized”. However, the investigation on the expansion of the elementary education in Amapá, showed us the presence of a significant number of rural schools, in contradiction to the disseminated urban modernization promise around there. In this sense, we can affirm that educational policy on Amapá’s territory failed by reasons of being based on the “transplantation” of the Federal District’s educational project, and it is important to recall that, back then, the brazilian Federal District was Rio de Janeiro. Despite the public agents had established uncountable schools on rural areas, these were not carried out from a more systemic process, this is, considering the reality of the Amazon’s "cabloco". So, we observed the existence of the separation between the modern speech and the maintenance of old oligarchic practices by that time.

O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.