O direito à educação de imigrantes e refugiados uma análise dos marcos normativos na Amazônia Legal (2010-2023)

Abstract

The debate on how immigrants and refugees obtain their rights in society has been a global focus, given the growth of migration around the world. This debate makes it possible to analyze the issue from different perspectives, one of which concerns the intersection between migration and the right to education. Therefore, the general objective of this study was to analyze how the states of the Legal Amazon, through current regulations, are guaranteeing the right to education for immigrants and refugees in the period from 2010 to 2023. As for the theoretical methodological foundations, this is a documentary study (Evangelista, 2008) with a quantitative-qualitative approach (Minayo, 2009), based on historical-dialectical materialism (Marx, 2008; Paulo Netto, 2012). The documentary corpus consisted of State Education Plans, Normative Resolutions of the State Education Councils and Legislation approved by the Legislative Assemblies. The technique used for interpreting the data was Content Analysis (Bardin, 1977; Moraes, 2008). As for the results, it was possible to identify a set of regulations that deal with the right to education of immigrants and refugees in the following states: Mato Grosso (PEE - Law No. 11.422/2021 and Resolution No. 002/2019 of CEE/MT); Pará (Law No. 9.662/2022 and Normative Instruction for enrollment No. 001/2022 - GAB-SAEN); Amazonas (Law No. 6.049/2022); Roraima (PEE - Law No. 1.008/2015, Resolution nº 36/2021 and Decree No. 33/2022); Acre (Resolution No. 68/2021 of CEE/AC); and Rondônia (Resolution No. 1.236/2018). An analysis of the regulations shows that, despite the progress made in regulating immigrants' rights to education, some legal provisions establish criteria that can hinder access to school, such as Resolution No. 002/2019 of CEE/MT, which determines proficiency in Portuguese as a criterion for the immigrant's regular enrolment. As for the states of Amapá, Maranhão and Tocantins, there was a lack of specific educational policies, which signals the invisibility of immigrants as subjects of rights in these territories. In this sense, as there is an urgent need for public policies to be created in order to break barriers in relation to accessibility, such as the required documentation, even with national regulations that overturned such a requirement. ; acceptability, as discrimination is a recurring practice inside and outside schools; and finally, in relation to adaptability, since one cannot ignore the cultural differences between immigrants and nationals, especially linguistic differences.