Through an injunction, the STF minister granted authorization that overturns the suspension of the project
The minister of the (Federal Supreme Court) granted an injunction (provisional decision) authorizing the implementation of civic-military schools in São Paulo. The release comes after a request from the State Attorney General’s Office, which requested the overturn of the law determined by the São Paulo Court.
In the preliminary injunction, Gilmar criticized the São Paulo Court for promoting “systemic subversion” when analyzing the request for a precautionary measure to suspend the state law, aware of the ADI (Direct Action of Unconstitutionality) being processed in the Supreme Court. “We would be allowing a body jurisdictionally inferior to this Court to frustrate the STF’s own powers“, he wrote. Here is the decision (PDF – 177 KB).
For the State of São Paulo, the decision of the STF minister prevents the State from advancing in the implementation of the civic-military schools program, “frustrating the legitimate expectations of the school communities involved”.
The law creating a model for implementing civic-military schools in São Paulo was suspended by the TJ-SP (Court of Justice of São Paulo) in August. In the decision, judge Figueiredo Gonçalves accepted the argument of the (Union of Teachers of Official State Education) that the implementation of civic-military schools with chances of a possible cancellation in the middle of the school year would cause problems.
The judge cited other controversies in the constitutionality of the plan. For the rapporteur, it is argued that transforming reserve military police officers into school monitors goes beyond the article of the Federal Political Charter, as it establishes them as “their own functions, solely, ostensible policing and the preservation of public order, without the possibility of assigning other”.
Still according to Figueiredo Gonçalves, the monitoring of schools by military police “would possibly not be appropriate” to respect the article of the Constitution that talks about “freedom to learn, teach, research and disseminate thought, art and knowledge” and about “pluralism of ideas and pedagogical conceptions”. The judge said that “It is up to the Federal Supreme Court, originally, to decide on possible unconstitutionality or constitutionality, in the action filed before it“. Ice cream a (PDF – 483 kB).
To the Poder360the Government of the State of São Paulo informed that the postponement was necessary due to the lack of time to carry out public consultations in schools on adherence to the model, due to “interruptions” caused by legal proceedings.
The law establishing the Civic-Military School Program in São Paulo was sanctioned by the state governor, (Republicans), in May. According to Seduc (Secretary of Education), caround 300 schools have already expressed interest; The State’s expectation, initially, was that 45 to 100 civic-military schools would be operating at the beginning of 2025.
