analfabetismo causa de inelegibilidade
Disse o promotor eleitoral A Constituição considera inelegível o analfabeto. No parecer, leio: "O exercício da democracia demanda, imprescindivelmente, um nível mínimo de educação, formação cultural e social (...) Da conhecida divisão da funções do Poder, descritas por Montesquieu, tem-se que o Poder Legislativo, através de seus integrantes, exerce um papel fundamental de controle e delimitação na criação do Direito, onde se espera de seus integrantes, eleitos pelo voto popular, tenha o máximo de conhecimento (...) submetido à avaliação, fls. 23/24, o recorrente obteve 3,0 (três) pontos, constando em sua avaliação incorreções que inviabilizam a sua identificação como alfabetizado, principalmente pela importância do cargo concorrido e das funções a ele inerentes. Embora não tenha o legislador infraconstitucional adotado uma postura mais centrada em relação à qualificação técnica daqueles que concorrem a cargos políticos, cabe ao Poder Judiciário fazer cumprir a Constituição, dando-lhe efetividade e impedindo que situações incongruentes, dentre elas a de considerar alfabetizado aquele que, limitadamente, sabe escrever o próprio nome, venha a prejudicar o direito de toda a coletividade". English text I analyze
Illiteracy is part listed in the Constitution as a cause of ineligibility (art. 14, § 4). The burden of proof of schooling is the candidate, party or coalition that require the registration of the application (art. 28, VII, Resolution no. º 21.608/2004, the TSE). The absence of proof of education may be met by a statement in his own hand, and the judge may, if appropriate, determine the measurement by other means, the condition literate (art. 28, § 4 of Resolution no. º 21,608 / 2004). On such other evidence of literacy, the TSE has decided: "Literacy.'s Not illegal to seek to ascertain whether the judge who intend to register as a candidate meets this eligibility requirement by conducting test waived if brought sufficient evidence." (Ac. at 13,000, of 9/12/96, rel. Eduardo Ribeiro Min. Similarly the judgments in 13,277, of 9/23/96, the mining of the same reporter, and 13,185 of 9/23/96, rel. Ilmar Galvao Min .) "Ineligibility. Illiteracy. 1. Testing. Illegal or illegitimate is not performing test by the judge, in order to check, by the way, the conditions of the candidate. Precedents of the TSE. 2. It to the Court, the judgment of the appeal opposite the sentence, consider all the evidence in the record exists. (...) "(Ac. at 13,379, of 9/24/96, rel. Nilson Naves Min.) "Ineligibility. Illiteracy. Convincing the judge not based on evidence in the file, that the applicant for registration application meets the constitutional requirement of being literate, possible to perform the test. Failure to attend this led to the decision is made in light of the other evidence. Verify were evaluated as well, the issue is not special. " (Ac. at 13 898 of 09/28/96, rel. Eduardo Ribeiro Min.) Being able to drive cars, by itself, is not proof of literacy, the use in the examination applied by Judge Election was considered insufficient. The TSE decided: "(...) Ineligibility. Illiteracy. Replaces not completing the exam done before the judge by election inconclusive evidence that the postulant is literate." (Ac. at 12 827 of 09/27/92, rel. Eduardo Alckmin Min.) The nervousness and anxiety because they are familiar to submit to tests, surveys and contests, do not invalidate the low utilization obtained by the candidate. It is fact. The legislation does not conceptualize the term "illiterate". Not even good technique to determine legislative concepts, especially when what is sought is unrelated to conceptualize legal sciences. The concept of literacy is not legal and not legal, and neither is, for example, the term advertisement. It is in the context of science education and teaching, pedagogy called, the interpreter of the law and should seek to borrow the concept of literacy. In the period from 29/03/2004 to 02/04/2004, the Futuroveiculou Jump to a series of five programs, called Literacy, reading and writing, in which the issue was handled properly. Appendix to this opinion the script full three programs running. In the script of the third program of the series, titled "What is to be literate and literate?" Professor. Maria Costa of Val Thanks so conceptualizes literacy and literacy: "The appropriation of writing is a complex and multifaceted process that involves both the domain-alphabetic spelling system as the understanding and effective use of written language and autonomous in diverse social practices. Upon understanding this complexity is what has been said in literacy and literacy as different and complementary phenomena. At first, one can define literacy as the essential and specific process of appropriation of the writing system, the conquest of the alphabet and spelling principles that enable the student to read and write independently. In other words, literacy relates to the understanding and mastery of the "code" writing that is organized around the agenda of relations between speech and noise letters (and other conventions) used to represent it in writing. Already literacy can be defined as the process of integration and participation in written culture. It is a process that begins when the child begins to live with the various manifestations of writing in society (plates, labels, commercial packaging, magazines, etc..) And continues throughout life, with the possibility of increasing participation social practices that involve the written language (reading and writing contracts, scientific books, literary works, for example). The term literacy has been created, so when we came to understand that, in contemporary societies, it is insufficient merely learning the "first letters" and that integrate socially today also involves "knowing how to use the written language in situations that this is necessary, reading and producing texts. " This new word came to mean "this new dimension into the world of writing," which is a "set of knowledge, skills and attitudes required to use language in social practices" (cf. Batista, 2003). You can find people who passed through the school, learned techniques of deciphering the written code and are able to read simple words and texts, short, but are not able to avail themselves of the written language in social situations that require more complex skills. These people are literate but not educated. This condition is particularly painful and undesirable, though frequent, inside the school, because it causes difficulties for learning the different curriculum, or even unfeasible that learning. That is why it has been argued that literacy and literacy are different processes, each with its specificities, but complementary, both indispensable and inseparable. The challenge facing teachers today is to reconcile these two processes, to ensure students ownership of the alphabetic system and full-spelling condition of your use of language in social practices of reading and writing. " However, it is equally correct to say that a literate literate is not actually a functional illiterate. In fact, in the past could be said in summary that "literacy, in its strict sense, means, in reading, the ability to decode signals, transforming them into sounds, and in writing, the ability to encode the sounds of language, turning them into graphic signs. " But over the last century, "this concept of literacy has been progressively expanded, due to social and political needs, the point is no longer considered literate who just mastered the skills of encoding and decoding," but one that know how to use reading and writing to pursue a social practice in which writing is required '" The prosecutor said election The Constitution considers ineligible illiterates. In its opinion, read: "The exercise of democracy demand, indispensably, a minimum level of education, cultural and social (...) the known functions of the Power Division, described by Montesquieu, is that the Legislature, through of its members, plays a key role in controlling the creation and delineation of Law, where he expects of its members elected by popular vote, has the most knowledge (...) submitted for review, fls. 23/24, the applicant obtained 3.0 (three) points, consisting inaccuracies in his assessment that prevent their identification as literate, mainly contributed by the importance of the position and functions relating thereto. Though the legislature has not adopted a more infra centered on the technical qualifications of those running for political office, it is up to the courts to enforce the Constitution, giving her effectiveness and preventing outlandish situations, among them one who consider literate, limitedly, knows how to write his name, would undermine the right of the whole community. " Total de visitas: 113565 |