The prohibition of use of gender neutral in schools de Sorocaba was invalidated by the overthrow of a municipal law that restricted the use of this form of language in educational establishments in the city of São Paulo.
The law, which dates from April 20, 2022, prohibited all educational institutions in the municipality, both public and private, as well as newsstands. examiners of public tenders, to adopt new forms of gender and number flexion of the Portuguese language in their school curricula and edicts.
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This ban was supposedly contrary to the grammatical rules established and provided for in the guidelines and bases of national education.
On May 31, the São Paulo Court of Justice (TJSP) analyzed the law that prohibited the use of gender neutral in Sorocaba schools, claiming, finally, the ineffectiveness of the law.
Details of the decision were released on Thursday, June 1. The determination was the result of a Direct Action of Unconstitutionality (Adin) filed by the Public Ministry of the State of São Paulo (MP-SP).
Judge Vianna Cotrim, rapporteur of the case, highlighted that the ban on the use of the neutral gender is not restricted to just one municipality. The ways of inflecting the Portuguese language, whether in gender or in number, would not be restricted to Sorocaba.
The judge also points out that the matter has already been analyzed by the plenary of the Federal Supreme Court (STF), which considered unconstitutional a similar rule that prohibited the use of variants of the language itself portuguese.
He pointed out that such a measure goes beyond the municipal legislative competence, constituting a violation of article 237, item VII, of the State Constitution.
The judge also highlighted that the Sorocaba law imposed a form of “pedagogical censorship” that harmed the exercise of citizenship and contradicted the constitutional principles of freedom in the learning process, pluralism of ideas and variety of approaches pedagogical.
So far, the Legislative Power of Sorocaba has not explained whether it will appeal the decision or comply with the legal regulations issued at the time.
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