A cilada do ordenamento jurídico da regulamentação do profissional de Educação Física e o contraponto da ADI No. 3.428/2005
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Date
2020-06-15
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Universidade Católica do Salvador
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.
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Keywords
Ordenamento Jurídico, Regulamentação da Profissão de Educação Física, MNCR, Legal order, Regulation of the Physical Education Profession