A fundamentação jurídica do direito de brincar

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This dissertation stands itself in the assumption that the childhood is, in the contemporary society, a place of rights and freedoms where the children are considered individuals of rights and not only objects of adult intervention. The childhood marks a stage of the human life and, in this way, the child is considered as a social actor that re-produces and produces him or herself. It is also sustained that the child is an individual of rights and freedoms, considered an “other” inside the human community and that means the construction and consolidation of the typical singularities of this stage. The alterity composes a culture universe that it starts to be valued by the adult. The studies on the childhood intertwine the public and the private in which the family and the State appear as institutional sceneries from which the experiences of the child and the speech formation, which justifies the practices towards him/her, occur. The construction and consolidation of his /her rights strengthens the child conception as an individual of rights and freedoms, according to a historic and social slow process that recognized and legitimated the appearance of the protection rights and the current participation rights. The International Convention on the Rights if the Child (1989) resultant from this historic and social walk on behalf of the Child rights caused significant marks for the called children liberation process. Up to this Convention arrival, the trajectory considered two declaratory texts which preceded it (in 1924 and 1959). These texts indicated the confirmation of the children rights according to ethical and protective principles. Only after the Convention of 1989, the child is idealized in it as an actual individual of rights by providing them with a juridical and social status with a libertarian hallmark. This indicates the efforts and commitments in not only to state their rights, but also provide them with their own juridical statute, efficient and libertarian, in which the child is seen as a citizen. The child starts to be considered not only for his/her biological and social vulnerability and necessities, but also for their potential expressed on their way of being in the world. In this context, we highlight special role of the right to play established in the Convention on the rights of the child (article. 31) in the Federal Constitution of Brazil in 1988 (article.227) and in the Child and Adolescent Statute (article 16, IV). Play is a fundamental right of freedom which is supported by the dignity principles and by the inestimable value of the childhood for the citizen people formation .The school, as a society segment, must guarantee and promote the right to play in order to guarantee a bigger right which is the childhood one. Play has its value, because it is the way that the child feels, express and try the world, apart from being a forming element of the child personality and identity. Thus, play as a right must find room inside the school context as the child’s primordial language so that he/she develops him/herself social, physically and cognitively. The school context must plan the curriculum and organize the pedagogical work by having as presupposition the peculiar interests of the child that it receives. So, play as a right and a primordial expression of the child, must be considered as one of the pedagogical work guidelines. It is highlighted the curriculum and pedagogical work organization importance as well as the educator ludic formation, who must be a competent partner, and also ludic experiences facilitator and motivator in the entire child’s education process.

ASSUNTO(S)

educação - recreação e jogos - formação de professores educação para crianças - direito de brincar - currículos recreation educational - teacher formation childreen education - play rights - curriculum

ACESSO AO ARTIGO

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