A cilada do ordenamento jurídico da regulamentação do profissional de Educação Física e o contraponto da ADI No. 3.428/2005

Abstract

This study was carried out to meet the proposition of Conclusion of the UCSal Law Course. It started from the following central question: Through the legal order of the regulation of the Physical Education professional, what generated the Direct Action of Unconstitutionality - ADI no. 3,428 / 2005, in relation to articles 4. and 5th. of Law 9.696/1998, which deals with the creation of CONFEF/CREFs? As a central objective, it sought to raise an analysis and clarification on certain elements of the legal system of the regulation of the Physical Education professional, considering that this regulation was created by CONFEF/CREFs, and generated the Direct Action of Unconstitutionality - ADI no. 3,428/2005, in relation to articles 4. and 5th. of Law 9,696/1998, to contribute to the strengthening of the National Movement Against Regulation or MNCR (acronym in Portuguese). The basis of the theoretical methodological foundation was structured in an exploratory bibliographic and documentary investigation. The results of the research indicate that there is arbitrariness in Law 9.696/1998, when it creates councils, whose legal personality is its own; for the provision of its articles 4. and 5th., the aforementioned Law was found to be unconstitutional, due to the fact that it was created by parliamentary initiative and not by the Presidency of the Republic, as provided for in the Constitution; In the face of this reality, the MNCR has been opposing the regulation of Physical Education professionals and is fighting daily for the repeal of Law 9696/1998, as this device is an autocratic law that ensures corporate interests, dividing professionals in the area and regulating the workspace.