The FALSE SENSE OF REPRESENTATION

MIXED-MEMBER DISTRICT VOTING AS A RESPONSE TO THE DISTORTIONS OF THE BRAZILIAN PROPORTIONAL SYSTEM.

Abstract

English

This study analyzes the formal barriers that prevent high-achieving adolescents from obtaining their high school completion certificate before regularly finishing this stage, which is an essential requirement for enrollment in higher education institutions. The Brazilian Law of Guidelines and Bases for National Education (LDB – Law No. 9,394/1996) authorizes school advancement through pedagogical evaluation (art. 24, V, “c”), but many schools resist applying this right due to institutional and administrative reasons. There is also a recurring confusion between school advancement and the supplementary exams for Youth and Adult Education (EJA), both within educational institutions and in administrative and judicial spheres, despite the Superior Court of Justice, in Repetitive Theme No. 1127, having already clarified the distinction between the two. Adding to this scenario is the issuance of Resolution No. 211/2024 by the Amazonas State Council of Education, which prohibits reclassification for the purpose of high school completion, in violation of federal legislation and constitutional principles. The research, therefore, proposes a critique of the legal formalism that compromises the effectiveness of the rights to education, human dignity, and equality, demonstrating that the solution lies in the coherent application of the current law, with respect for the student's individuality and holistic development.