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Download "Aula 1: As Bases Constitucionais da Educação com o Prof Orlando Junior | Pedagogia para Concurso"

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00:02:28
Hey guys, I'm the gold of Bahia, how are
00:02:31
you, welcome once again
00:02:33
here to the pedagogy channel
00:02:35
for competitions, those who don't know me, I'm
00:02:38
Professor Orlando Júnior, I'm a professor
00:02:40
of constitutional law, right, and it's a
00:02:43
huge satisfaction to be here once again
00:02:45
I did a live here a while ago,
00:02:48
I'm putting several
00:02:51
constitutional classes in the teaching room, right,
00:02:54
and it's great to be here with you
00:02:56
Patrícia
00:02:57
Irani Meire Diana, you're very welcome
00:03:00
here, you're very welcome and we're going to
00:03:02
start a little here today about the
00:03:05
constitutional bases of education I
00:03:07
usually say that in my life as a
00:03:11
Teacher I try to make my
00:03:13
students think a little outside the box
00:03:16
Hey, the constitution is very easy,
00:03:21
education in the Constitution you can get
00:03:24
from 205 to 214, just do the
00:03:26
great reading but let's think a little
00:03:29
better about some bases of education I
00:03:33
usually say the following for you to climb
00:03:34
a building, right for you to climb a house
00:03:36
you have to have a foundation you have
00:03:38
to have a foundation when you have a
00:03:40
good solid foundation you can After having 10
00:03:43
floors, it's certainly not
00:03:46
going to fall, it's the same thing as knowledge,
00:03:47
when you have a knowledge base
00:03:50
you can then develop many
00:03:53
things, okay Professor, what do you want to
00:03:55
say, I'm not here to talk about
00:03:58
articles 205 to 214 no, I'm here to
00:04:01
do it, you have an
00:04:03
interesting basis for education today, different from
00:04:05
what I did in the last class where I talked
00:04:07
about reserving what is possible, right, I showed
00:04:10
some new things and some said
00:04:11
that I am What the hell is that what you're
00:04:13
doing? It's not, I'm here today
00:04:15
once again to talk about some
00:04:17
interesting aspects In this context, both in the
00:04:20
historical context of the situation as well as
00:04:23
in the context of Education on the basis of
00:04:27
fundamental rights, which is something very
00:04:29
important both for the tests in
00:04:31
general and for us citizens It's
00:04:34
for us who want to know our
00:04:36
rights, look, I'm not like
00:04:39
Fabiana, the slides and my slides
00:04:41
are blank, great, and here we're going to
00:04:43
develop all the reasoning. Ok, if you had
00:04:47
any doubts, Margarida Regiane is
00:04:50
Aunt Ruth's gang, just leave it there It will be an
00:04:53
indescribable satisfaction to respond
00:04:55
to you, but come here with me, please take a
00:04:57
good look, I want you to understand that we
00:05:00
have a very important part in the Constitution
00:05:02
called
00:05:04
fundamental rights. Fundamental rights
00:05:07
are human rights that end up
00:05:12
there in some way
00:05:13
praising our dignity as
00:05:16
human beings reached a point where the
00:05:20
state realized that it was hypocritical,
00:05:21
it guaranteed the right to life but at the
00:05:24
same time it allowed inhumane,
00:05:26
degrading treatments and things that were
00:05:28
completely contrary to the rights
00:05:32
of the human person and then we began to
00:05:34
demand to say No It's not enough for the state to
00:05:37
just ensure life, you have to
00:05:40
protect the dignity of the human person
00:05:42
and that's why the question of fundamental rights comes up
00:05:45
and this will ask me,
00:05:47
look from Fortaleza Pernambuco there, how
00:05:50
wonderful, guys, it's great to always
00:05:52
be here on this channel with you and then
00:05:54
you ask me like this, it does
00:05:58
n't have to do with education education is a
00:06:01
fundamental right and you will realize
00:06:04
after I do this base with you
00:06:06
that from 205 to 214 things will get
00:06:10
much easier for you but first I
00:06:13
want make an introduction, come here
00:06:15
with me, please look carefully, I want
00:06:17
you to understand that
00:06:20
we have a part in the Constitution
00:06:25
called fundamental rights
00:06:29
and personal fundamental rights are
00:06:32
everything that we find from
00:06:35
article five to 17 of our
00:06:38
Constitution, everything that you have from fifth to
00:06:41
17 we have there as
00:06:44
fundamental rights only
00:06:46
fundamental rights I want you to understand
00:06:49
that it is a genus this genus ends up
00:06:53
marking Five species
00:06:56
we have
00:06:58
individual rights here we
00:07:02
have
00:07:06
social rights we have a part known
00:07:10
as nationality
00:07:14
we have
00:07:17
the rights politicians
00:07:21
and we have
00:07:24
political parties So come here with me
00:07:27
please
00:07:29
we already know that
00:07:31
fundamental right is a genre
00:07:33
fundamental right in the Constitution is everything that
00:07:35
has from article five to 17 there you
00:07:39
have the famous individual rights that you have
00:07:42
never heard about the right to life
00:07:43
freedom equality right You have
00:07:46
social rights you have nationality
00:07:49
political right and political party
00:07:51
these Five species they make up what we
00:07:55
call fundamental rights Ok so far
00:07:58
but now come here I already know that
00:08:04
education is a fundamental right but
00:08:08
which of these species Teacher I'm going to
00:08:11
include education, education is a
00:08:14
fundamental individual right, it's a
00:08:17
fundamental social right, it's what
00:08:20
education pays attention to here now,
00:08:22
please, education, it was
00:08:25
included in the Constitution in article
00:08:27
six, article six, it says like this, oh
00:08:29
These are social rights education health
00:08:33
security leisure housing work
00:08:35
Social Security
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maternity protection childhood assistance to the
00:08:39
destitute food and transportation
00:08:42
These are the 11 social rights that we
00:08:45
have today in our Constitution so
00:08:47
I already know that
00:08:51
I already know that education
00:08:57
is
00:08:59
a Right,
00:09:04
I already know that education, so Oops for a
00:09:08
minute,
00:09:14
it's personal
00:09:17
Oh, I don't believe it
00:09:19
But come on, let's go, let's go again, I'll go
00:09:21
again, I already know, so
00:09:24
education
00:09:26
is a
00:09:32
fundamental right because this ends up being
00:09:35
the gender But now I know
00:09:38
specifically that education is
00:09:41
part of which species of
00:09:45
fundamental rights is it part
00:09:48
of
00:09:51
social rights because it is there in the sixth article
00:09:55
of our Constitution So come here
00:09:58
I already know that education as a genre is a
00:10:01
fundamental right only the species to which
00:10:04
it was allocated it was
00:10:06
social rights, that is, it is there in the
00:10:09
sixth article, so I know that education is a
00:10:11
fundamental social right of citizens, so far,
00:10:15
look, I really like
00:10:18
participation. So, my friend
00:10:21
Suelane Marisol, he Aparecida, let's
00:10:24
do this here, it's crazy today, I I
00:10:27
'm already with Red Bull here I'm going to go crazy
00:10:28
here now now I'm more on the 220 because
00:10:31
I'm already beautiful,
00:10:33
you know it would be better with education now
00:10:36
come here because now I want to
00:10:37
explain to you a historical context come here I
00:10:40
don't know if you know if They don't know, they will
00:10:42
now learn the fundamental rights
00:10:44
as they were being
00:10:47
created They were being marked with
00:10:50
what we call in law
00:10:53
distinctive signs and at a certain point in
00:10:56
history for a certain
00:10:58
social issue we created the first
00:11:00
fundamental rights Let's mark rights
00:11:03
first generation, some time later, in
00:11:06
another context, for another fight,
00:11:09
other second generation rights come and
00:11:12
so we mark
00:11:13
fundamental rights, you will understand what I'm
00:11:16
trying to see, you want to see what history
00:11:18
tells us, and I'll write this down in a little while
00:11:21
for you. I just want you
00:11:22
to first understand this logic,
00:11:24
history tells us that in the middle of the
00:11:27
18th century, we had the
00:11:29
Absolutist State, an interventionist state,
00:11:31
it was a state that would do so much to the point
00:11:35
of suffocating our rights that today we
00:11:38
sometimes despise, at that time it was a
00:11:41
right unimaginable for any
00:11:43
individual example freedom of expression
00:11:47
today you speak ill of one speak ill of the
00:11:49
president speak ill of the cyclano beltrano
00:11:51
Paulo breaks that time not if you
00:11:54
spoke ill of the state if you spoke
00:11:56
ill of the King and he had that
00:11:57
peaceful day he would cut your language at
00:11:59
least today I have the right to
00:12:02
property I can buy I can
00:12:04
sell I can do this that that
00:12:07
time no you want to buy ask the
00:12:10
state do you want to sell ask the state do you
00:12:12
want to produce DF God and that part of the
00:12:14
production you are entitled to this was
00:12:16
an interventionist state, a state that
00:12:19
invades our lives so much that it
00:12:21
suffocates us,
00:12:22
but then history tells us that the
00:12:25
bourgeoisie had the power of
00:12:28
production in their hands and they were unable to
00:12:30
grow because the state itself blocked
00:12:32
their growth and the bourgeoisie
00:12:34
started to think the following, man, this
00:12:37
interventionist state is out. The only one
00:12:39
who wins here is the state itself, our
00:12:42
citizens, we are always harmed,
00:12:44
you know what, let's break the bank, we are going to
00:12:48
fight now for a liberal state, we
00:12:50
want an abstentionist state, in
00:12:54
short, now it will be
00:12:56
everyone for themselves and God for everyone everyone has to
00:12:59
be Lord of their own destiny And
00:13:01
then the stick starts to break comes the
00:13:03
declaration of Virginia 1776 and history
00:13:06
with the French Revolution of 1789 When
00:13:09
this situation arises the first one comes here
00:13:13
generation of fundamental rights the
00:13:16
first generation of
00:13:18
fundamental rights what does it come for? It comes
00:13:21
precisely with the intention of removing the
00:13:24
state, the state that was absolutist
00:13:26
So let me build an idea with
00:13:28
you here come here look here so when
00:13:31
I talk about this evolution
00:13:36
when I talk so from this evolution
00:13:41
of fundamental rights
00:13:46
I have to first here then
00:13:47
understand that the first generation of these
00:13:51
rights comes there basically
00:13:56
What is the French revolution
00:13:59
this state here is called
00:14:02
a liberal state or
00:14:09
And then the test will ask what are the
00:14:12
rights of first generation
00:14:14
are civil rights also known
00:14:17
as individual
00:14:21
and political rights come here with me
00:14:24
please
00:14:26
so I already know that the first generation
00:14:27
comes with the French Revolution it was
00:14:30
indignation towards the absolutist state
00:14:33
which was this state that suffocated I
00:14:34
wanted a state that If each one were
00:14:36
possible, God was for all and then you
00:14:38
ask me what are the
00:14:40
first generation rights civil rights that
00:14:43
I can understand as
00:14:45
individual rights the famous rights of the
00:14:47
fifth article life freedom equality
00:14:49
legal security property and
00:14:52
political rights I was tired of
00:14:54
hereditary government I want the
00:14:56
ability to vote and be voted,
00:14:59
now you will understand the reason for this
00:15:00
story so I can get to education and then
00:15:03
I will show you a situation that I
00:15:04
think sometimes you have never even seen And
00:15:06
then this first generation came along and So
00:15:09
the first generation keeps this here
00:15:11
now deep in its heart,
00:15:13
the first generation is marked as the
00:15:17
generation of negative freedoms,
00:15:19
negative rights, defense rights,
00:15:23
Professor, in short, I'm not really into the
00:15:25
law, what are
00:15:27
negative freedoms, I can't do for the State, I
00:15:31
it was leaving an interventionist absolutist state
00:15:32
that suffocated And
00:15:35
moving towards an absionist state,
00:15:36
each man for himself and God for all So the
00:15:39
first generation the intention was to keep the
00:15:43
state away, he is the only dog ​​that comes here
00:15:45
first generation so it is marked
00:15:49
as the generation of
00:15:52
negative freedoms
00:15:56
that I can also call
00:16:00
negative rights
00:16:03
or
00:16:06
rights of defense
00:16:09
when I talk about negative freedoms
00:16:12
negative rights or rights of defense
00:16:15
I'm referring here to what I
00:16:18
'm referring to here is the following,
00:16:19
this is basically not doing
00:16:26
for State, that's why the first generation
00:16:29
of fundamental rights is
00:16:31
marked as the generation of Freedom
00:16:49
State, so come on, I had
00:16:53
an interventionist absolutist state
00:16:55
that was going to do so much to the point of suffocating, here
00:16:58
comes the abstentionist liberal state, each
00:17:01
one for himself, God for all, a state of
00:17:04
negative freedoms, a state to stop
00:17:07
tormenting,
00:17:08
you understand, now I'm going to get into the
00:17:11
crucial point that we now interested in
00:17:14
education In this historical context
00:17:17
when the State does too much absolutism
00:17:20
it suffocates when the state does nothing
00:17:24
ABS pensioner there is another problem
00:17:27
whether or not the state has always been
00:17:30
the point of balance when
00:17:32
the state fails to do anything, there
00:17:35
will undoubtedly be a prevalence of the Strong
00:17:37
to the detriment of the weak the rich will step
00:17:40
on the neck of the poor The employer will
00:17:42
enslave the employee the strong will
00:17:45
prevail the weak So the first
00:17:47
generation was important because it
00:17:49
freed us from this state But at the same
00:17:52
time it brought a lot of inequality it
00:17:55
brought a lot of inequality In this context
00:17:58
of the Strong, the weak prevail After all, the
00:18:01
state, which is the point of balance,
00:18:02
will not intervene, but
00:18:04
then history comes again and
00:18:06
shows us the following
00:18:08
guy
00:18:09
Absolutist State was not good, this
00:18:13
abstentionist is also no good
00:18:15
here, right? Then what happens
00:18:19
we start to think like this, you know what
00:18:22
would be good, what would be good would be a
00:18:25
social state, what would be good would be a
00:18:27
welfare state, then they asked
00:18:31
people what a social state is,
00:18:34
then people respond, I can't have one.
00:18:38
state that does so much to the point of abusing
00:18:40
like an absolutist but I also
00:18:43
cannot have a state that does nothing
00:18:44
like a stationary one, I need a
00:18:48
middle ground and then came the first
00:18:50
industrial revolution known as the
00:18:52
Steam Engine Revolution and there we
00:18:55
inaugurated this social state for us
00:18:58
here in law the second generation
00:19:01
of fundamental rights appears now the bug
00:19:06
catches because now comes education
00:19:08
look here everyone here again
00:19:11
I know that education is a
00:19:14
fundamental right but fundamental right is a
00:19:19
genre but now I already I know that in
00:19:22
Which species do I fit education, the
00:19:25
species is the species of social rights, why
00:19:27
am I doing this context
00:19:30
of this evolution because now you will
00:19:32
understand in history where the
00:19:35
social right comes in, I mean
00:19:38
with the Industrial Revolution, then
00:19:42
with the Industrial Revolution
00:19:46
arises here
00:19:49
the so-called
00:19:53
welfare state or some will call it the
00:19:57
social state but come here with me
00:19:59
now
00:20:01
Professor first generation are
00:20:05
individual civil rights and
00:20:08
political rights which are two types of
00:20:10
fundamental rights that I spoke about at the
00:20:12
beginning in the second generation what are the
00:20:16
second generation rights, now comes education, do you
00:20:19
want to see the second generation rights,
00:20:21
these are
00:20:24
the second generation rights, the social rights,
00:20:29
the economic rights
00:20:33
and the cultural rights, so
00:20:38
if in your test he asks you guys,
00:20:41
what are the second generation rights? generation,
00:20:45
social, economic and cultural, wait,
00:20:49
a little while ago I told you
00:20:52
that education is a fundamental right,
00:20:54
but what is a fundamental social right?
00:21:02
be
00:21:05
a fundamental social right
00:21:08
second generation right I want to talk about my brother
00:21:11
this guy is a monster man the guy knows
00:21:14
the evolution of fundamental rights that's
00:21:17
what I want to make you understand
00:21:19
think a little outside the box
00:21:21
understand a little beyond the others but
00:21:25
Now look at this, the
00:21:26
first generation was the generation of
00:21:29
negative freedoms. I told you
00:21:32
that negative freedom is what not to do
00:21:35
for the State. I want the state not
00:21:38
to create an abstentionist state in the second
00:21:41
generation. I change in the second generation. I
00:21:44
am faced with positive freedoms.
00:21:47
Some They call them positive rights,
00:21:49
others the right to provide them.
00:21:52
Negative freedom is when the state does not
00:21:55
do it. Positive freedom is when the state
00:21:58
does it. Wait,
00:22:01
education is a social right.
00:22:04
Social right is a second right. In the
00:22:07
second generation, the State is faced with
00:22:10
positive freedom. means that the
00:22:12
State has to implement the State has to
00:22:14
implement so understand because
00:22:17
education is a fundamental
00:22:20
social right the state is obliged to implement
00:22:23
education that is why when you look at
00:22:25
the education part now and the
00:22:28
progressive universalization because the
00:22:31
State has to do the State has to
00:22:33
act now you know because the history
00:22:35
of this you know that the state is obliged
00:22:37
to do this because this is a
00:22:39
second generation fundamental right and in the
00:22:42
second generation we understand that the
00:22:44
state was obliged to start doing the
00:22:46
your homework I don't want a state
00:22:49
that doesn't do anything I don't want a state
00:22:51
that does it to the point of suffocation But I don't
00:22:53
want a state that fails to assume
00:22:55
its primary obligations, such as
00:22:58
education So come here,
00:23:00
I know that the second generation comes with the
00:23:02
Industrial Revolution, inaugurated here a
00:23:05
social welfare state,
00:23:08
second generation rights are
00:23:09
social, economic and cultural within
00:23:12
social rights, here I have who,
00:23:15
among many others, education,
00:23:19
second generation rights,
00:23:21
they are marked
00:23:26
by positive freedoms,
00:23:30
positive rights
00:23:34
or
00:23:36
rights
00:23:38
of provision
00:23:41
then positive freedoms
00:23:44
positive rights or provision rights is what
00:23:47
marks the second generation and when I
00:23:50
talk about positive rights
00:23:53
positive freedoms this here I demand action
00:24:00
from the State the State has to act in
00:24:04
order to implement this here that is
00:24:06
why the second generation rights
00:24:09
they are marked as equality rights
00:24:15
look here come here Maria Benedita leaves
00:24:18
class for us to review they will leave it
00:24:19
like this ok it will be recorded
00:24:21
because I look like a machine it's not 220
00:24:24
right And then I'll leave everything here later
00:24:26
you can review as many times as you want, you
00:24:28
can ask questions with me, I'm as
00:24:31
accessible as the party, right, I call her
00:24:33
Fabiana because I was raised with
00:24:36
Fabiana, not Fabiana, it's like
00:24:37
a sister, right, Fabiana, who does pedagogy, is
00:24:41
the queen of pedagogy, she's like
00:24:43
my sister, it's not so much that
00:24:44
my sister is older, right? She's
00:24:48
Fabiana, she's my nephew's godmother, so
00:24:50
everything is here at home and now that she's
00:24:53
putting the constitution here, she's
00:24:54
calling me for these lives, right? I'm a
00:24:57
teacher and sometimes older than her,
00:24:58
and she's only now that she came to call me
00:25:00
here to be with you. You see what
00:25:02
sister is there at Disney at this time? Look, you
00:25:04
can look at her social network, she
00:25:06
gives herself up, right, but no. She deserves everything
00:25:09
she's getting, she's great, she's
00:25:11
fantastic But come on, there
00:25:13
were any doubts, let me stop and we
00:25:16
're here for you and for you
00:25:18
Alright, so come here, I'll recap,
00:25:23
education is a fundamental right,
00:25:26
but when I say
00:25:27
fundamental right, it's gender, but education
00:25:31
was included in one of the species,
00:25:33
which is the species social right in the
00:25:36
evolution of fundamental rights,
00:25:39
education as a social right, it
00:25:41
emerged when in the second generation, when
00:25:44
I began to realize that the state
00:25:46
needed to act that the state needed to
00:25:48
do So understand from time to time if
00:25:51
you take a more complex test he
00:25:52
says look at education or social rights
00:25:56
because they are marked by
00:25:58
negative personal freedoms
00:26:02
if today the state has the obligation to
00:26:05
provide education sometimes it's a shame,
00:26:08
imagine if it wasn't obliged
00:26:10
so education, as it is a social right, a
00:26:12
second generation right, is not marked
00:26:15
by negative freedom.
00:26:17
Negative freedom is when the state does not need
00:26:18
to do education, it is marked by
00:26:21
positive freedom. It is when it needs to be done. It is
00:26:24
when the state needs to act.
00:26:28
a detail
00:26:30
equality
00:26:32
be careful sometimes if one day you went to
00:26:35
face some test that involves a
00:26:36
little more constitutional and he asks you
00:26:39
Clara edilania Edith equality arises
00:26:45
which generation asks naughty you know
00:26:48
why Célio for the following reason You
00:26:51
have two types of equality you there is
00:26:54
formal equality and you have material equality
00:26:58
formal equality I call it
00:27:00
hypocritical equality and when I come to you there
00:27:03
in the fifth article I say Look people
00:27:06
are all equal before the law, what's the
00:27:08
point of being equal before the law and being
00:27:11
treated on a daily basis? in a
00:27:12
different way no one wants sorry the
00:27:16
[ __ ] term of formal equality not equality
00:27:18
forming hypocritical equality we want
00:27:20
material equality material equality is
00:27:23
the one that comes from Aristotle when
00:27:25
he said equality is treating equals as
00:27:27
equals and the unequal in the measure of their
00:27:30
inequality there is no point in saying that We are
00:27:32
equal before the law and on a daily basis, without
00:27:35
showing it differently, what we
00:27:37
need is material equality and then
00:27:40
look at what I'm getting at, come here
00:27:42
if he asks, guys,
00:27:45
formal equality is stupid, as I
00:27:49
said, it appears when it appears. In the
00:27:54
first generation, now guys,
00:27:58
material equality is what we
00:28:01
need to implement things,
00:28:02
it appears when in the second generation,
00:28:06
then, everything is tested, everything is
00:28:10
tested, everything has to be specified.
00:28:19
and not discriminating
00:28:23
appears when you mark second because the
00:28:27
equality that we always seek and
00:28:29
will always seek is not
00:28:30
merely formal equality it is material equality it is
00:28:34
when you treat the unequal to the extent
00:28:36
of its inequality it is when you
00:28:38
provide a special child with a
00:28:41
study condition It's when you, in a
00:28:45
public competition, grant vacancies for
00:28:48
one situation or another, so that's
00:28:50
precisely when you implement this
00:28:53
situation. There's
00:28:55
a way.
00:29:01
sad or
00:29:03
flattered because Enéas is a genius, right? It
00:29:05
was one of the guys there like the
00:29:07
vote Before this social network phenomenon,
00:29:10
right, in the Chamber of Deputies, but I don't know
00:29:12
if I'll be happy, I think it was a
00:29:14
compliment, right, but very well, come here Guys,
00:29:18
look, it's just us, I'm the only one here
00:29:20
drinking Red Bull, so let's build
00:29:22
a line of reasoning here, come on, I
00:29:25
'm talking about
00:29:28
education,
00:29:30
I know that education
00:29:33
is a fundamental right, now
00:29:37
I know that education is
00:29:40
part of
00:29:44
social rights
00:29:47
more precisely within article 6 of
00:29:51
our Constitution, I already know that
00:29:56
social rights
00:29:58
as well as education
00:30:00
are second generation rights in the
00:30:06
evolution of fundamental rights and I
00:30:09
know that because they are second generation rights
00:30:14
they are marked here
00:30:17
by positive freedoms, that
00:30:24
is, that is
00:30:33
action
00:30:39
on the part
00:30:43
of the State is necessary for them to be
00:30:46
implemented and I also know that it is
00:30:50
in the second generation
00:30:53
that material equality gains prominence here. In other
00:31:00
words, it is through
00:31:04
material equality that we implement
00:31:12
affirmative actions,
00:31:14
that is,
00:31:16
actions developed by the State, right,
00:31:18
precisely seeking
00:31:24
to correct
00:31:35
historical problems, come here,
00:31:40
you understand that
00:31:42
in the historical context of Brazil,
00:31:44
education has always been paramount, but for
00:31:46
us, it wasn't, now, over time,
00:31:50
some situations are developed to
00:31:53
try to resolve this, for example, the
00:31:54
creation of the LDB is a situation in which
00:31:58
you try to solve a
00:31:59
historical problem of the country or not, that's where
00:32:02
I get this whole basis from here,
00:32:05
I just talked about a right that comes
00:32:07
from the second generation of
00:32:10
fundamental rights. See, you can
00:32:11
build a line of reasoning
00:32:13
can you think a little outside of just
00:32:15
article 205 to 214, everyone knows, just
00:32:18
read the constitution, I want to make you
00:32:19
understand a little further, there was a friend who
00:32:22
asked, available in PDF,
00:32:24
the slides won't be here, but
00:32:27
available in PDF, no, because here I I'm
00:32:30
creating a specific reasoning for
00:32:32
it in education, I can have it in
00:32:34
PDF there in fundamental rights as a
00:32:36
whole, okay my friend, I don't
00:32:38
remember your name but here
00:32:40
specifically, not here specifically, it
00:32:42
will only be for the Education area, here
00:32:45
you can build this reasoning
00:32:47
based on the slides that I'm going to leave here,
00:32:49
okay Ricardão Thank you, let's go,
00:32:53
come here, everyone,
00:32:55
this line of
00:32:57
reasoning is clear to you, come on, I want to
00:32:59
wait there, wonderful class, thank you, I
00:33:02
really appreciate it, so sorry, sorry, come on
00:33:04
So, until this
00:33:08
line of reasoning became clear, when I talk about the
00:33:10
basis of education, it is precisely this
00:33:13
historical notion, this basis of
00:33:15
fundamental rights. Man, we have to start
00:33:17
understanding, right, that education is
00:33:20
primordial, it is a fundamental right, the lack
00:33:23
of education and
00:33:24
dignity of the human person, right, a
00:33:27
person without a school, a person without a
00:33:29
quality education is something that is completely
00:33:32
harmful to the rights of the human person and
00:33:34
now I know that it is important
00:33:36
to implement this because I know that
00:33:38
education is a fundamental right Look at the
00:33:41
people of Mato Grosso It's very cool,
00:33:42
so I'm satisfied, you're enjoying it,
00:33:44
just those who come here, I want a little
00:33:46
more, let me see how much time I have
00:33:48
here, I talk too much, you've already noticed, right, I
00:33:50
talk a lot, right?
00:33:58
That's right, social rights are a
00:34:00
kind of fundamental right, but did
00:34:03
you know that fundamental rights
00:34:05
and now I know that education is a
00:34:08
fundamental right has some
00:34:09
characteristics that are striking, let's
00:34:12
see a little about this story and find out
00:34:13
how we are going to develop this here
00:34:15
in the education part, come here with me, please,
00:34:19
I want you to understand that
00:34:24
fundamental rights
00:34:27
And then the Education part comes in,
00:34:31
it has some of its own characteristics,
00:34:33
some striking characteristics and here
00:34:37
I want to highlight some of this first
00:34:39
class with you, do you want to see the first
00:34:41
characteristic important of fundamental rights
00:34:49
universality
00:34:53
oops
00:34:54
come here
00:34:56
look how when you have a base
00:34:59
you can develop a lot when
00:35:02
article 205 starts talking about education
00:35:04
it says education is a right what
00:35:06
I heard from here you are too sharp it is
00:35:10
a right for everyone education is
00:35:13
everyone's right Oh wait,
00:35:16
education is a fundamental right one of the
00:35:20
characteristics of fundamental rights is
00:35:21
what universality everyone has
00:35:25
fundamental rights I don't care
00:35:26
if you are rich poor black white man
00:35:29
or woman the rule is that everyone enjoys
00:35:32
rights fundamental seduction is a
00:35:35
fundamental social right, whatever I
00:35:37
know it is universal,
00:35:40
everyone then has the right to
00:35:43
education because as it is a
00:35:45
fundamental right it needs to be Universal, I
00:35:49
'm trying because the chat here
00:35:50
is booming, I love it
00:35:53
on this topic Yes, I really like
00:35:55
mind maps, if someone watches
00:35:57
my classes, right in the teaching room or
00:36:00
oh, I'm ready to do mine, move the track here
00:36:03
Wow guys, I'm 80 people short
00:36:07
of reaching 6 thousand subscribers on my
00:36:09
YouTube channel, look at Fabiana was the person
00:36:11
who made me create a YouTube channel. It's
00:36:14
because of Fabiana that I have a
00:36:15
YouTube channel, right, and I'm always
00:36:18
posting videos to you, right, weekly? So
00:36:21
whoever can subscribe to my
00:36:23
YouTube channel, I'll be
00:36:24
very happy. If you have any questions, you can
00:36:27
ask me on social media. I'm a
00:36:29
Professor Orlando Júnior, so
00:36:31
sign up there and I'll certainly
00:36:33
talk a lot about education there,
00:36:36
and obviously I'm there advising
00:36:39
you on whatever you need, so please
00:36:42
do that there. my channel Professor
00:36:44
Orlando Júnior beauty and There are a lot of
00:36:46
things there she develops several
00:36:48
mental maps also beauty and then here comes a
00:36:51
fundamental universal right everyone
00:36:54
has Beauty so that's where I get
00:36:57
education it's a right for everyone because I'm
00:37:01
going to ensure the progressive
00:37:03
universalization of education comes from this
00:37:06
base, I'm giving you a base so that
00:37:08
you understand education
00:37:10
in its essence more and more Beauty, now come here,
00:37:14
second interesting feature, look
00:37:18
here,
00:37:25
competition, competition, come here, go
00:37:28
south, fundamental rights
00:37:31
are competing with each other, look how
00:37:33
much law is a strange science
00:37:37
when you take the
00:37:39
term competition competition from the idea
00:37:42
that competition is not we are
00:37:44
competing here Not in
00:37:48
fundamental law competition It has to give
00:37:51
you the idea of ​​concomitance the idea of
00:37:54
simultaneity Did you know when I I'm talking about
00:37:58
competition of fundamental rights, it
00:38:00
means that we can use several
00:38:02
rights at the same time, in other words, it's not
00:38:04
because I'm using
00:38:06
my freedom of expression here now, my
00:38:08
right of office, right? It's my right
00:38:11
today to digital media that I won't be
00:38:14
able to use in a little while about my
00:38:15
movement, intimacy, private life So,
00:38:17
because education is a
00:38:22
fundamental right, it doesn't prevent
00:38:24
you from enjoying other rights at the same time, right
00:38:27
there, at the same time, man, inside a
00:38:30
school, I can make you try to
00:38:32
implement other situations Of course,
00:38:34
because the management are competing,
00:38:36
you can use several at the same time and it is
00:38:39
even interesting to use several at the
00:38:41
same time so that
00:38:43
their implementation achieves Plenitude, so Oh,
00:38:46
I already know that the fundamental right is
00:38:48
universal, everyone has it, I already know that the
00:38:52
fundamental rights are
00:38:53
competitive and the competition here
00:38:55
cannot give an idea of ​​competition the competition
00:38:58
here has to give an idea of ​​concomitance
00:39:00
of simultaneity I can use several at the
00:39:03
same time come for one more here
00:39:13
complementarity another
00:39:15
characteristic that we have
00:39:18
is complementarity you know what
00:39:22
this and this is It's just that it's too important
00:39:24
sometimes if you don't already have good
00:39:27
practice and the constitutional I'm
00:39:29
here to teach you I repeat a thousand times
00:39:31
that I need it, there's no problem
00:39:33
complementarity is the following, you
00:39:36
can't interpret a
00:39:39
fundamental right in isolation You you always
00:39:41
have to implement
00:39:44
the whole work, I'll give you an
00:39:47
example here, a little outside of education,
00:39:49
but I think it involves the
00:39:51
Educational issue a little because it involves
00:39:52
family,
00:39:53
when you take the fifth article of
00:39:55
our Constitution there is a point that it
00:39:57
says very well like this Look, people,
00:40:00
freedom of scientific artistic expression is guaranteed,
00:40:01
she talks like this, regardless
00:40:04
of censorship or license,
00:40:09
freedom of intellectual scientific artistic expression is free,
00:40:13
independent of censorship or license, if I
00:40:17
interpreted it and if I were isolated, I would
00:40:19
come to what conclusion would I make? I
00:40:21
want it when I want it, the way
00:40:23
I want it, there is no censorship or license, but
00:40:25
whenever you interpret
00:40:28
fundamental law or a
00:40:30
constitutional norm, interpret the whole,
00:40:33
interpret the entire work, I will give you
00:40:36
an example of what I said It's in the
00:40:38
fifth article When you go to 226
00:40:40
he talks about family and among other
00:40:43
things he talks about the issue of family
00:40:45
that the activities of, for example, a
00:40:47
broadcaster, they must adapt the
00:40:51
programming to the time and still
00:40:53
make the age rating program
00:40:55
not recommended for this age now comes here
00:40:58
visibly here
00:41:02
freedom of expression came into conflict Independent of
00:41:04
censorship license and this
00:41:06
family issue But in this conflict here
00:41:08
specifically who ended up having to
00:41:10
prevail the family we understand that
00:41:13
it is better in this context to preserve the
00:41:15
family community than of
00:41:17
freedom of expression now why did
00:41:19
I come to this reasoning why did
00:41:22
I come to this conclusion because I did
00:41:23
not interpret the norm in a way I
00:41:26
interpreted the whole of it so
00:41:29
whenever you went to interpret a
00:41:32
fundamental right Including education,
00:41:34
interpret the whole As Sometimes here you
00:41:37
will have a situation but there
00:41:39
comes an exception, right? For example,
00:41:42
religious education, we know that
00:41:45
religious education, right, it ends up being optional
00:41:48
and the Supreme Court has already judged, right, the possibility
00:41:50
of the supreme understanding what was
00:41:51
constitutional, right? with a
00:41:55
specific religion it is not now because the
00:41:58
Supreme Court understood this because
00:41:59
it interpreted the issue as a whole it did
00:42:01
not analyze a situation in
00:42:03
isolation Ah because we are a secular state
00:42:06
Label not make article 19 item
00:42:08
1 is I cannot because of this
00:42:10
type of situation So whenever you are going to
00:42:12
interpret something In this
00:42:13
constitutional context, interpret the set,
00:42:16
we call it complementarity,
00:42:19
Beauty, I'm so happy, spreadsheet that
00:42:22
you like, okay, we're always
00:42:25
here, let's do this, now there's one here that's
00:42:29
the icing on the cake. This is the icing
00:42:34
on the cake. I I'm not going to
00:42:36
put it in the context of education at first,
00:42:39
then I'll fit it in, but you
00:42:41
really need to understand this here if you want to
00:42:43
understand a little bit about some points, as
00:42:46
you hear on television out there, you know,
00:42:49
about some decisions made by the Supreme Court and we
00:42:51
know that the current situation is always in
00:42:53
tests too, right, it's important to know all of
00:42:55
this.
00:42:56
In my opinion, I'm talking about as a
00:42:59
test, a characteristic that you have
00:43:02
to be careful with, this one, you want to see, come
00:43:04
here,
00:43:07
relativity
00:43:11
or
00:43:16
limitability,
00:43:18
relativity or limitability,
00:43:25
I have a fundamental right, yes, but
00:43:28
you have to understand that your right
00:43:29
is always relative it is always
00:43:32
limited it is the Supreme he says that we do
00:43:36
not generally have absolute fundamental rights
00:43:39
now here I want
00:43:42
you to understand too much and if you don't understand
00:43:44
leave it in the chat and I will explain it 10
00:43:46
times but come on,
00:43:48
one of the characteristics of
00:43:50
fundamental rights is that they are
00:43:52
relative, they are limited, in other words,
00:43:55
we do not have absolute fundamental rights,
00:43:57
but my friend Maria, who
00:44:01
is praising my class, so in
00:44:03
honor of her, asks me,
00:44:05
teacher, what it is an
00:44:07
absolute right absolute right is an
00:44:11
intangible right is an untouchable right if I
00:44:14
say that your right is absolute
00:44:16
no one can mess with it you will see
00:44:19
that in a little while I will get to education
00:44:20
with this here
00:44:22
absolute right is a right is an
00:44:25
untouchable right there is no exception except
00:44:28
that you come here, people,
00:44:30
you have an absolute right, it means denying the
00:44:34
existence of other rights,
00:44:36
having an absolute right often means the
00:44:39
legal existence of other
00:44:41
rights, I don't understand
00:44:44
our Constitution says it like this, I'm not going to
00:44:46
take it to education, now the
00:44:49
right to property is guaranteed, it's just one right
00:44:52
Look how interesting this is, come here,
00:44:54
want to see quickly the same
00:44:56
constitution
00:44:57
that says that I have the right to
00:45:00
property
00:45:02
is the same one that says that property
00:45:05
has to fulfill its social function and the
00:45:09
same one that says that in the case of imminent
00:45:11
public danger the authority can use
00:45:13
my property, the request is the same one
00:45:16
that says that in case of
00:45:18
public need, public utility or
00:45:21
social interest, I can suffer
00:45:23
expropriation. Come here,
00:45:27
I have
00:45:28
it.
00:45:31
I'm
00:45:33
here whenever it's time, property is a
00:45:37
fundamental right, but if I say that
00:45:40
property is an absolute right, I
00:45:42
wouldn't have expropriation, I wouldn't have
00:45:44
requisitions, I would be able to do what
00:45:46
I want, I would be able to plant marijuana there, I'm
00:45:48
even on the right and no one could say
00:45:49
anything because my property is an
00:45:51
absolute right. Understand that you have a
00:45:54
fundamental right, just like
00:45:56
education does, but this right is
00:45:58
relative. It is a limited right. It
00:46:00
means that it is always possible for this
00:46:03
right to suffer some kind of exception.
00:46:05
elementary nor the most
00:46:09
primordial within all the
00:46:11
fundamental rights that life nor it is an
00:46:13
Absolute right as a rule I do not have the
00:46:16
death penalty but the fifth article says
00:46:18
in case of declared war this is
00:46:21
possible so even all powerful and
00:46:23
equal irreplaceable right to life
00:46:25
is a relative right, it means that it is
00:46:28
always possible that sometimes some
00:46:30
kind of exception comes to him,
00:46:32
so when I say that the right is that
00:46:35
the right to education is a
00:46:37
fundamental right, I know that it is an
00:46:39
important right, but it is a relative right,
00:46:41
it is an unlimited right, right, because
00:46:44
my son has to study and such a school,
00:46:45
don't wait,
00:46:47
I'm telling you that I'm going to try to
00:46:48
prioritize the people who are
00:46:50
close by, but I know that the right to
00:46:52
education is your fundamental right,
00:46:54
but it's not absolute, my dear, right, you
00:46:56
arrived late, you slept on time, the
00:46:58
right thing doesn't just happen when they sleep.
00:47:00
So you see how Through this here
00:47:02
you can contextualize things
00:47:04
inherent to education, so I already know that Wow,
00:47:09
thank you, Vitória, thank you,
00:47:13
yes, it's 558 people and I only get 72 likes, it's
00:47:16
because I'm ugly, it's because I look like
00:47:18
Enéias, it's not like my friend told me at
00:47:19
that time, or because of my
00:47:21
handwriting, you know, look, I have a serious problem
00:47:23
with my handwriting, I think it's because
00:47:24
I have trauma I had an aunt who was
00:47:26
my calligraphy person, I was never
00:47:27
beaten by my mother and father, but
00:47:28
she was a total jerk to my brother, right?
00:47:34
marked, you know, I've
00:47:39
even sought therapy, that's why a student once
00:47:40
in a room in DF said well,
00:47:42
teacher, I think your handwriting doesn't look
00:47:44
good, not even in Word.
00:47:49
man, your
00:47:53
handwriting doesn't look nice even in Word, man,
00:47:55
that hurt me so much, you know, I still
00:47:57
suffer from this to this day, so sometimes it must be
00:47:59
because my handwriting doesn't look nice in
00:48:01
Word, you're not giving me the
00:48:03
likes I'm due, kidding guys, but
00:48:05
look well, look here, I'm not going to go on
00:48:08
too long, I'm almost done with
00:48:09
today's Live, but look here because we're
00:48:11
going to do a general recap, let's go
00:48:15
back here on the slides, want to see,
00:48:17
look, we already know that education is a
00:48:21
fundamental right, but what a
00:48:23
fundamental right it is gender So it had to
00:48:25
enter into some species and the
00:48:28
species in which we rented education was
00:48:30
in the species of social rights and
00:48:34
then it enters the sixth article and then
00:48:36
talking about the evolution of
00:48:39
fundamental rights We learned that
00:48:41
social rights are a right. a
00:48:43
second generation right and that the second
00:48:45
generation
00:48:46
is marked by positive freedoms. In other
00:48:49
words, I don't want a state that doesn't do it,
00:48:51
I want a state that does it. That's why
00:48:54
today our state has an obligation to
00:48:56
implement education, precisely
00:48:58
because being a Second right is
00:49:01
marked by positive freedoms, I already
00:49:04
know that in the second generation that
00:49:08
material equality emerges and
00:49:09
material equality is precisely treating the unequal
00:49:12
to the extent of their inequality and for me to
00:49:15
do that I need
00:49:17
affirmative actions, I need
00:49:19
public policies of the state to try to correct
00:49:22
historical problems that's why
00:49:25
over time we are
00:49:27
always trying to improve the legislation
00:49:29
inherent to education and to finish I
00:49:33
told you that
00:49:35
fundamental rights And then education comes in, it
00:49:38
has some characteristics and I didn't
00:49:40
put them all but I put some
00:49:42
emblematic ones in the context of education,
00:49:44
such as universality, everyone has
00:49:48
competition, that I can use education
00:49:50
in other rights, at the same time,
00:49:53
complementarity, that I cannot
00:49:55
interpret this in an isolated way,
00:49:57
I have to interpret the whole of
00:49:59
this situation and relativity or
00:50:03
limitability where we understand that
00:50:05
fundamental rights, including
00:50:07
education, although they are
00:50:09
essential rights for the dignity of the
00:50:11
human person, are not absolute, it means that it is
00:50:14
always possible for this right to
00:50:17
suffer some type of exception And so, come here
00:50:21
guys,
00:50:22
this way I wanted to show you some of the
00:50:25
bases of education I I'm sure that
00:50:28
when you saw this story about the foundations
00:50:30
of education you thought I was going to start
00:50:31
talking about articles 205 to 214, I'm still going to
00:50:34
talk about them with you, do
00:50:36
n't worry, but I wanted to, before going into these
00:50:39
articles, in other lives that we will
00:50:41
do here show you bases show you
00:50:43
where education comes from in the
00:50:45
historical context show you why today we
00:50:47
have an obligation to implement Why
00:50:49
sometimes we are also not
00:50:50
obliged to do everything because it
00:50:52
is not a person because it is a fundamental right
00:50:54
it it is a relative fundamental right
00:50:56
it has exceptions And then I needed
00:50:59
to show you these details so
00:51:02
that you could think a little
00:51:04
beyond that context 205 to 200-14 of the
00:51:08
Constitution, I hope you
00:51:12
enjoyed this Live, it was a
00:51:14
huge satisfaction, right? Today was a
00:51:16
very exhausting day here for the teacher
00:51:19
specifically But I always try to do
00:51:21
my best because you deserve my
00:51:24
best you deserve our best here
00:51:26
it's not because knowing that you are there
00:51:28
giving up time with your family with
00:51:30
children leaves the people do something
00:51:31
to be learning In my opinion,
00:51:34
for me at least it's a joy, so I
00:51:35
really appreciate everyone's presence,
00:51:38
every like again, I want to see the
00:51:40
YouTuber too, just like you, don't you, so
00:51:42
go on my YouTube channel, go there on
00:51:45
my Instagram there Professor
00:51:46
Orlando Júnior subscribes to my
00:51:49
channel Follow me there on Instagram I'm always
00:51:51
posting new content,
00:51:53
quality content always has to be as
00:51:55
accessible as possible, right? I usually talk and
00:51:58
I talk thinking about this person here Fabiana
00:52:00
who To build an empire you don't
00:52:03
need to know because pride
00:52:06
perceives ruin you need to have
00:52:07
humility and that's why I'm always so
00:52:10
flattered to be here because the
00:52:12
family is one of the most humble people I
00:52:14
know in life, that's why it deserves everything it deserves.
00:52:16
Thank you very much, may God
00:52:18
bless your lives, success in the
00:52:20
contest, don't forget
00:52:22
that our goal here has always
00:52:24
been and always will be your approval, a
00:52:27
big hug, thanks guys, stick it to her
00:52:29
baby uh

Description:

Nesta aula o professor Orlando Júnior irá abordar todos os conceitos que fazem parte dos princípios constitucionais da educação. ------------------------------------------------------------------------------------------------------------------------------------------------------- 🟢 Entre nos nossos grupos do WhatsApp: https://sendflow.pro/i/xchvbpd9zk4trb7ik2s1 🔵 Entre para o nosso canal do Telegram: https://t.me/joinchat/AAAAAEin8-7HJSPwXLsTPw -------------------------------------------------------------------------------------------------------------------- SIGA O PEDAGOGIA PARA CONCURSO ► Facebook: https://www.facebook.com/unsupportedbrowser ► Instagram: https://www.facebook.com/unsupportedbrowser ► YouTube: https://www.youtube.com/PedagogiaparaConcurso?sub_confirmation=1 SIGA O PROFESSOR ORLANDO JUNIOR ► Instagram: https://www.facebook.com/unsupportedbrowser ► Youtube: https://www.youtube.com/@ProfessorOrlandoJr PARA SABER MAIS SOBRE O PEDAGOGIA PARA CONCURSO, ACESSE: ► Site: https://pedagogiaparaconcurso.com.br/ --------------------------------------------------------------------------------------------------------------------

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