Archive | 2019
PROCESSO DE ELABORAÇÃO NORMATIVA E POLÍTICAS PÚBLICAS: A VISÃO JURÍDICO-INSTITUCIONAL DA POLÍTICA DE FORMAÇÃO DE PROFESSORES DA EDUCAÇÃO BÁSICA
Abstract
This article aims to analyze the normative framework that regulates the teacher training courses, in order to identify how the various normative supports (laws, resolutions, etc.) influence the definition of formative identity. Considering that in Brazilian legal-institutional design of educational public policy, there is a concentration of prerogatives in the Executive Branch, the normative activity performed by the National Education Council will be emphasized. It is considered that the law, seen as a “map of responsibilities”, can collaborate to avoid overlaps, gaps or rivalries in public policies. Legistics, a field of study centered on the rationalization of the normative elaboration process through regulatory impact analysis, was the theoretical framework chosen for the qualitative analysis of the legislation, given its relationship with the policy cycle, especially by the articulation between means (normative acts) and ends (results expected by policymakers), which enables the establishment of a genuine interdisciplinary debate between Law and the Policy Analysis field. In the end, it is empirically demonstrated how the normative basis, characterized by thematic dispersion, antinomies and excess of symbolic laws, is devoid of systemic consistency. To overcome this problem, the adoption of procedures for the consolidation of norms, the production of “framework laws”, with the definition of main points of teacher training policy and career plans, and the use of soft law, are suggested.