Características do federalismo cooperativo na emenda constitucional nº 108/2020 - novo FUNDEB

Abstract

This study seeks to investigate and list provisions contained in Constitutional Amendment number 108/2020, which instituted the new Fund for the Maintenance of Public Education and Education Professionals (FUNDEB), related to the improvement of cooperative federalism in education. During the processing of the Proposed Amendment to the Constitution that resulted in the new FUNDEB, it was observed several times, in Opinions, discussions in the National Congress and in the initial text of the proposal, that it would inaugurate a FUNDEB in greater agreement with the attributions constitutionally delegated in educational matters. In this monograph, the concepts of federalism and the cooperative system for exercising competencies are highlighted, as well as a review of the previous education maintenance funds, and the rules for their joint action, with the general objective of studying some of the new constitutional elements of financing education through FUNDEB and their relationship with the discourse adopted in relation to federalism. The research is qualitative and has an exploratory nature, bringing together as an object of study the legal norms and scientific texts related to the theme. As a result, it was possible to conclude that from the modifications of the Union's system of complementation to state funds, constitutionalization of the Cost of Student Quality (CAQ) and FUNDEB's forecast in the permanent text of the Federal Constitution, significant changes were made to the cooperative characteristics of financing of public education, resulting in a greater connection with the objectives of the republic.