Avaliação do Sistema de Gestão Socioambiental Programa de Apoio à Implementação do Novo Ensino Médio Programa Por Resultados



Baixar 2 Mb.
Página3/18
Encontro15.09.2018
Tamanho2 Mb.
1   2   3   4   5   6   7   8   9   ...   18


  1. Ações

  1. Responsável

  1. Prazo/Período

  1. Método de Verificação

  1. 1. Aprimoramento do Arranjo Institucional do Programa:

  2. - Revisão das regras complementares para repasse dos recursos financeiros (Resolução MEC/FNDE 07/2016), incluindo os aspectos socioambientais, de saúde e segurança nas condicionantes do Programa;

  3. - Previsão de uma unidade no Programa com a missão específica de oferecer assistência técnica aos estados e ao Distrito Federal quanto a implementação dos requisitos socioambientais, de saúde e segurança. Definição da estrutura, responsabilidades institucionais e orçamento da referida unidade.

  1. MEC/SEB/FNDE

  1. Efetividade do Programa

  1. Arranjo institucional do Programa aprimorado para incluir de forma explícita os princípios orientadores da Política do Banco Mundial para Programas por Resultados

  1. 2. Elaboração de Guia de Gestão Socioambiental, incluindo a formulação de Diretrizes e Manuais para cada um dos temas listados abaixo:

    1. Preservação do patrimônio de valor arqueológico, paleontológico, histórico, cultural ou religioso, seguindo a legislação aplicável;

    2. Preservação da vegetação de áreas legalmente protegidas, seguindo a legislação aplicável;

    3. Avaliação de impactos ambientais;

    4. Utilização de produtos químicos tóxicos para controle de pragas;

    5. Gerenciamento de riscos ambientais, de saúde e segurança;

    6. Gestão ambiental de obras e edificações;

    7. Melhores práticas nos projetos de reforma e expansão das escolas (considerando a sustentabilidade das edificações);

    8. Avaliação e mitigação de riscos de desastres naturais;

    9. Elementos necessários para assegurar a acessibilidade nos prédios escolares.

  1. MEC/SEB/FNDE

  1. 1º ano de implementação do Programa

  1. Guia de Gestão Socioambiental aprovado pelo Banco.

  2. Manuais e diretrizes aprovados pelo Banco e distribuídos para as entidades implementadoras.

  1. 3. Implantação de Procedimentos de Triagem Ambiental com a aplicação da Ficha de Verificação.

  1. SEB/FNDE

  1. 1º. ano de implementação do Programa

  1. Aprovação da minuta de ficha de triagem a ser utilizada pelo Programa e fichas preenchidas.

  1. 4. Reforço Institucional das Entidades Implementadoras - Programa de capacitação das equipes de engenharia, gestão ambiental e de saúde e segurança das Secretarias Estaduais de Educação com menor capacidade institucional.

  1. SEB/FNDE

  1. 1º ano de implementação do Programa

  1. Programa de capacitação definido e implementado.



  1. 5. Implementação do Sistema de Monitoramento dos Aspectos Socioambientais, incluindo o monitoramento e avaliação da participação das comunidades escolares na reforma do ensino secundário.

  1. SEB/ FNDE/ Secretarias Estaduais de Educação

  1. 1º ano de implementação do Programa.



  1. Programa de Monitoramento implementado. Relatórios de monitoramento.

  1. 6. Incentivo à Certificação Ambiental das Edificações.

  1. SEB/ FNDE

  1. 1º ano de implementação do Programa.

  1. Difusão do manual para edifícios sustentáveis.



  1. 7. Adoção de procedimentos específicos de avaliação e enfrentamento de riscos.

  1. SEB/ FNDE/ Secretarias Estaduais de Educação

  1. Durante a implementação do Programa

  1. Relatórios de acompanhamento



  1. 8. Operacionalização de mecanismos de atendimento a solicitação de informações e reparação de queixas.

  1. SEB/ Secretarias Estaduais de Educação

  1. 1º ano de implementação do Programa.

  1. Relatórios de registro de queixas.

  1. 9. Varredura da situação fundiária das escolas participantes do Programa de Fomento à Expansão do Ensino Médio em Tempo Integral e elaboração de plano de mitigação de impactos adversos relacionados à aquisição de terrenos nos casos de identificação de não conformidades.

  1. Secretarias Estaduais de Educação/ SEB

  1. 1º ano de implementação do Programa.

  1. Varredura da situação fundiária concluída.

  1. 10. Realização de estudo sobre oferta de itinerários formativos.

  1. SEB

  1. 1º ano de implementação do Programa

  1. Estudo realizado.

  1. 11. Focalização de investimentos em comunidades escolares socialmente vulneráveis. Incentivo às Secretarias Estaduais de Educação a levarem em consideração o conjunto de fatores socioeconômicos e culturais que determinam o abandono escolar – renda, raça, identidade étnica, gênero, taxas de vitimização de jovens e de gravidez precoce entre jovens, etc. – quando da elaboração de seus Planos de Implementação do Ensino Médio em Tempo Integral.

  1. SEB/ Secretarias Estaduais Educação

  1. 1º ano de implementação do Programa

  1. Planos de Implementação Estaduais e relatórios de monitoramento PFEMTI

  1. 12. Promoção da equidade de gênero e raça. Realização de diagnóstico sobre os fatores determinantes das desigualdades de gênero em educação, que são particularmente acentuados entre a juventude afrodescendente.

  1. SEB

  1. 1º ano de implementação do Programa

  1. Diagnóstico elaborado

  1. 13. Realização de consulta adequada a todas as partes interessadas sobre a Base Nacional Comum Curricular do Ensino Médio

  1. Ministério da Educação

  1. 1º ano de implementação do Programa

  1. Consultas realizadas.
Executive Summary




  1. Introduction



  2. The Upper Secondary Reform l will be supported by the World Bank Program-for-Results (PforR) financing instrument, along with a Technical Assistance (TA) component, which will use the Investment Project Financing (IPF) instrument. The objective of the Program is to strengthen the capacity of state education secretariats to implement the upper secondary reform and increase the rate of development of basic education (IDEB) in selected full-time upper secondary schools. The operation has an estimated disbursement of US$ 1.57 billion in six years, of which US$ 1.54 billion is from the Program supported by PforR, financed through budgetary fiscal transfers to the states, and US$ 29 technical assistance, financed by the Bank (external source). Bank financing of the PforR component would be US$ 250 million, about 15% of the total.



  3. The Upper Secondary Education Reform Program (Program) comprises two results areas. The first addresses the implementation of the new curriculum in the reform of the upper secondary education. The main change is moving from a rigid structure to a more flexible and adaptable configuration, which comprises a common compulsory core curriculum for all states and schools (Base Nacional Comum Curricular – BNCC) and a flexible element with "learning itineraries” and adapted to local realities. The second area of ​​results refers to the expansion of the number of full-time high schools. The national program for the expansion of upper secondary full-time schools’ program (Programa de Fomento às Escolas de Ensino Médio em Tempo Integral - PFEMTI Program) is based on a weekly school workload that will be 80% above the time offered by regular high schools. The goal is that at least 25% of all students enrolled in upper secondary schools in Brazil attend full-time schools by 2024. Currently, there are approximately 1,500 full-time schools in the country, enrolling less than 6% of students. PFEMTI will support the addition of 1,088 schools to full-time upper secondary schools.



  4. PforR operations employ a risk management approach to environmental and social management in which the Bank assesses - at the Program level - the institutional and organizational capacity of the borrower to achieve the objectives against the potential social and environmental impacts that may be associated with the Program. The methodology of this evaluation considers six Core Principles for the analysis of socio-environmental management systems, which address issues related to the capacity of socio-environmental management procedures and processes to: (i) promote environmental sustainability; (ii) avoid, minimize and mitigate adverse impacts on natural habitats and physical cultural resources resulting from the program; (iii) protect the safety and health of the community and workers against the potential risks associated with: (a) construction and / or operations of facilities or other operating practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes and other hazardous materials; and (c) reconstruction or rehabilitation of infrastructures located in areas prone to natural hazards; (iv) avoid or minimize displacement due to land acquisition processes or loss of access to natural resources; (v) give due consideration to cultural adequacy and equitable access to the benefits of the program, paying particular attention to the rights and interests of Indigenous Peoples and the needs or concerns of vulnerable groups; and, (vi) avoid exacerbating social conflicts, especially in fragile states, post-conflict areas or areas subject to territorial disputes.

  5. Potential Socio-Environmental Effects of the Program

  6. The socio-environmental benefits and risks of the Program were analyzed in relation to its two results areas and their respective disbursement indicators, as well as in relation to the six Core Principles of the evaluation. The Program has the potential to generate significant benefits, considering (i) the new curriculum and (ii) the improvement of the physical and structural conditions of schools. In the first case, these benefits will be mainly due to the improvement in the quality of education, which contributes to the formation of adults who are more aware of contemporary environmental themes, which is enhanced by environmental education as a transversal content at all levels and modalities of the educational process, in a formal and non-formal manner (as guaranteed by Law 9,795 of April 27th, 1999). Improvements in the physical and structural conditions of secondary schools also addresses the shortages of laboratories, equipment and infrastructure that can guarantee more effectiveness in the teaching of disciplines with an environmental focus. The most important environmental risks associated with the program relate to the country's diverse context and the different realities and capacities of State Secretariats of Education (Secretarias Estaduais de Educação – SEEs) and implementing agencies to ensure compliance with the legislation and standards applicable to infrastructure works and equipment deployment, provided for schools. With regards to implementing a new curriculum, upper secondary school reform may have negative long-term environmental consequences if environmental issues are not part of everyday reality or are not considered relevant at school, depending on the emphasis they receive.



  7. Concerning the promotion of socio-environmental sustainability (first Core Principle) the Program will have small and insignificant environmental impacts. The planned construction works will be small in scale and restricted to the locations where it will be built. The interventions proposed by the Program have low potential impact, and are subject to a series of regulations by various entities in the country. The Program can have positive impacts on stakeholder participation and on the engagement of citizens in the education sector. The New Ensino Medio (NEM) was initially the object of strong criticism and resistance by specific social organizations representing students, secondary school teachers and academics, but several measures are being taken by the Program to ensure the participation of school communities in the PFEMTI and new mechanisms to promote transparency, citizen engagement and grievance redress mechanisms are being opened to respond to requests and demands from stakeholders and the general public.



  8. With regard to impacts on natural habitats, physical cultural resources, and health and safety of workers and the community (second and third Core Principles), the Program will have a limited and insignificant effect. The overall environmental impact of the program is expected to be positive as it will promote improved environmental quality in schools, with a safer learning environment and better health conditions (third Core Principle). Such potential environmental benefits will include improvements in the overall environmental quality of the facilities (renovation and construction of classrooms, libraries and auditoriums), improvement of sanitation (renovation and construction of locker rooms, sanitary ware, kitchens, cafeterias, sanitary facilities), the improvement of safety and accessibility to schools (reform and construction of walls and ramps, gas and electric installations) and the protection of schools against rainstorms (roofs of courtyards and courts), promoting an environment conducive to better learning. The program is not expected to have significant adverse impacts on the health, safety and environmental aspects of workers and the community served by the school, especially students, staff and teachers.



  9. Adverse impacts related to land acquisition and involuntary resettlement processes are not expected (fourth Core Principle). The program aims to reduce inequalities in educational opportunities by enabling vulnerable social groups to access higher-quality secondary education (fifth Core Principle). It considers how to reduce the cultural, financial or physical barriers that hinder access and participation of socially marginalized or disadvantaged groups in secondary education. It contains measures aimed at reducing the drop-out rate among students from low-income families and will contribute to increasing the access of young people belonging to socially vulnerable groups to higher-quality secondary education. The NEM does not change the national curricular guidelines of special modalities of education and, therefore, does not harm the rights of indigenous peoples, quilombolas and traditional communities, or young people from rural areas. Finally, while the NEM proposal has sparked heated debate and opposition from some stakeholders, a sound strategy is being adopted to address this risk and minimize its potential adverse impacts. This strategy encompasses three central elements: (i) strengthening stakeholder consultation processes for deliberation on the BNCC and on the state, municipal and school curriculum proposals; (ii) the intensification of the participation of school communities in everyday situations and in the management of secondary schools; and (iii) the operationalization of an effective system of grievance redress (information requests, suggestions, complaints, etc.) from the secondary school community. The risk of exacerbation of social conflicts (sixth Core Principle) is considered low.



  10. The matrix below presents a summay of the assessment of the probability, magnitude and reversibility of the impacts associated with the Program and the degree of risk, according to the PforR approach.



  11. Matrix of Probability, Magnitude and Reversibility of Impacts and Degree of Risk by Core Principle

    1. Core Principle

    1. Impacts

    1. Degree of Risk

    1. Probability/ Nature

    1. Scale

    1. Incidence

    1. Reversibility

    1. Duration

    1. Temporality

    1. Significacne

    1. Magnitude




    1. 1.Procedures and processes of socio-environmental management

    1. Low/Adverse

    1. Local

    1. Direct

    1. Reversible

    1. Temporary

    1. Immediately

    1. Low

    1. Low

    1. Moderate


    1. 2. Procedures and processes for managing impacts on natural habitats and physical cultural resources

    1. Low/

    2. Adverse

    1. Local

    1. Direct

    1. Reversible

    1. Temporary

    1. Immediately

    1. Low

    1. Low

    1. Low

    1. 3. Procedures and processes for managing impacts on the health and safety of workers and communities.

    1. Low/

    2. Adverse

    1. Local

    1. Direct

    1. Reversible

    1. Temporary

    1. Immediately

    1. Low

    1. Low

    1. Moderate


    1. 4. Acquisition of land and loss of access to natural resources.

    1. Low/

    2. Adverse

    1. Local

    1. Direct

    1. Reversible

    1. Temporary

    1. Immediately

    1. Low

    1. Low

    1. Low


    1. 5. Cultural appropriateness and equitable access to the benefits of the program, (Indigenous Peoples and other vulnerable social groups).

    1. Substantial/

    2. Positive

    1. Nacional

    1. Direct

    1. Irreversible

    1. Permanent

    1. Medium-term

    1. Significativa

    1. High

    1. Low


    1. 6. Social conflicts - fragile states, post-conflict areas or areas subject to territorial disputes.

    1. Low/

    2. Adverse

    1. Local

    1. Direta

    1. Reversible

    1. Temporary

    1. Immediately

    1. Moderate

    1. Low

    1. Low

    1. Description of the analysis criteria:

    2. Probability / Nature - Affirms the probability and nature of the impacts related to the Core Principle under consideration, classifying the probability into four levels (low, moderate, substantial and high) and nature in two (positive and adverse).

    3. Scale - Affirms the geographical scope of impacts that may be caused by the Program, classifying it as: local, state, regional and national.

    4. Incidence - Assess whether the impact is direct or indirect.

    5. Reversibility - Determine whether the impact is reversible or irreversible.

    6. Duration - Assess whether the impact is temporary, cyclical or permanent.

    7. Temporality - Assess whether the impact occurs immediately after the actions of the Program, in the medium or long term.

    8. Significance - It takes into account the probability, scale, incidence, reversibility and temporality of the impacts, classifying them as negligible, moderate or significant.

    9. Magnitude - It takes into account the significance and duration of impacts, classifying them as low, medium and high.

    10. Degree of Risk - It takes into account the magnitude and positive or negative nature of the impacts, classifying the Program's risk in relation to the Core Principle considered low, moderate, substantial or high.



  12. Environmental and Social Management System in Brazil

  13. Regulatory and Institutional Framework for Management of Environmental Aspects



  14. Brazilian environmental legislation is one of the most comprehensive in the world. It includes federal, state and municipal instruments, from Article 23 of the Federal Constitution determines that it is "common competence of the Union, the States, the Federal District and the Municipalities to: VI - protect the environment and combat pollution in any form; and VII – preserve forests, fauna and flora". The guidelines of the National Environmental Policy are defined in the Environmental chapter of the Federal Constitution in its Article 225. However, implementation of the legislation has deficiencies in some regions, due to the lack of or low institutional capacity of environmental enforcement agencies. Despite this, the level of implementation can be considered satisfactory.



  15. Brazil has a series of specific guidelines for assessing environmental impacts, licensing of potentially polluting activities, and mandatory environmental standards throughout the country. The Brazilian legal and regulatory framework is extensive and complex, and the themes defined in the Bank's basic policy principles are addressed by various types of instruments, such as laws and decrees (federal, state and municipal), technical standards, and resolutions issued by ministries and agencies. The analysis will mainly address federal legislation and standards, which must be followed throughout the country and are therefore mandatory in the implementation of the Program. State and municipal laws are complementary, and cannot contradict the definitions of the federal instruments.



  16. Several environmental issues are governed in a complementary way by state and municipal legislation. These topics include environmental licensing, ecological-economic zoning, environmental impact assessment, environmental and emission standards and standards, and agrochemicals control. Thus, the analysis of the environmental legislation that can be applied to the works supported by the Program focuses on federal legislation, which is mandatory throughout the country, and which covers points of great relevance to assess the compliance of the Program with the principles of the Bank's environmental policies. The environmental licensing systems adopted by states and municipalities vary significantly, with requirements complementary to federal legislation. Small works for reform and/or expansion of upper secondary schools do not require environmental licensing under federal law, but may be subject to some form of licensing in accordance to state and municipal legislation. However, even in the case of licensing, smaller enterprises and potential polluters, such as schools, use simplified licensing procedures with simplified licenses or exemption from licensing after presenting basic information of the enterprise.



  17. The sectors addressed by the Brazilian environmental legislation of greater relevance for the Program are:

  1. Federal Environmental Legislation - Environmental Licensing: i) Environmental Impact Assessment; ii) Environmental Quality Standards; iii) Interference with Protected Areas; iv) Control of Sound and Air Pollution; v) Management of Waste and Hazardous Products; vi) Use of Agrochemicals

  2. Technical Norms for the Construction of Buildings: i) Codes of Works and Buildings; ii) Technical Responsibility; iii) Technical Standards; iv) Health Aspects; v) Fire Protection; vi) Fuel Gas Facilities (LPG and NG); vii) Security and Panic Measures; viii) Protection against Atmospheric Discharge; ix) Emergency Lighting; x) Signaling for Local Abandonment; xi) Control of Coating Materials and Finishes; xii) Accessibility; xiii) Electric Power, Gas, Water and Sewage; (xiv) Electrical and Communication Facilities; xv) Sustainable buildings.

  3. Health and Safety of Workers: i) Health and integrity of workers; ii) Attributions and responsibilities; iii) Risk forecasting; iv) Protection and prevention measures

  4. Historical Patrimony Protection: i) General Procedures; ii) Rescue and Preservation Measures in the Event of Fortuitous Findings;

  5. Natural Risk Management: i) Prevention; ii) Monitoring and Alert; iii) Prevention / Infrastructure; iv) Disaster Response.



  1. Brazil has a well-developed regulatory framework for the protection of natural habitats, but the monitoring and enforcement capacity of these normative instruments varies greatly between states and municipalities. The protection of natural habitats has been present in Brazilian legislation since the 1965 Forest Code, when the most consistent foundations for the protection of Forests, Reserves and Areas of Permanent Preservation / APP (watercourse banks, all of hills, areas with declivity above 45%, restingas, board edges or plateaus, at altitudes above 1,800 (one thousand, eight hundred) meters) were established. Several other normative instruments (such as Decree No. 99.274 / 1990, 5,758 / 2006 and 8,972,2017) address the issue of preserving natural habitats, with different approaches, but Law 12.651 / 2012 - the new Forest Code defines the criteria adopted nationally for the protection of natural habitats.



  2. There is the possibility that some basic education schools may be installed in historical buildings. Brazil has a well-developed regulatory framework for the protection of physical cultural heritage, but enforcement capacity varies among states. The protection of historical and cultural heritage, within the Brazilian legal system, is supported by specific laws, such as Decree-Law No. 25 of November 30, 1937, and even in the Federal Constitution itself and in international treaties.



  3. Brazil has a series of policies, instruments and regulations related to environmental, health and safety management. The safety of work during the execution phase of the works, as well as the functioning of schools, is governed by various legal provisions issued by the Ministry of Labor. Among these devices, stands Portaria n. 3,214 / 1978, which establishes the Regulatory Norms (Normas Regulatórias - NRs), which regulate work safety activities in the organizational environment.



  4. Phytosanitary products (agrochemicals, agricultural pesticides or pesticides) are governed by Law No. 7,802 of July 11, 1989 - "Agrochemicals Law" with regard to research, experimentation, production, packaging, labeling, transportation, storage, commercialization, commercial advertisement, use, import, export, final destination of waste and packaging, product registration, classification, control, inspection and inspection.



  5. The legislation also establishes measures to prevent natural disasters and protect the population. The implementation of these measures is responsibility of the National System of Protection and Civil Defense - SINPDEC. The prior inspection of buildings (and authorization of use) by civil defense entities is not required by Brazilian law. Federal, state and municipal entities act broadly, in accordance with the National Plan for Risk Management and Disaster Response. In case of identification of significant risks, the government may carry out preventive measures, such as the execution of containment works. The main legal instrument for managing natural risks is Law No. 12,608 of April 10, 2012, which established the National System of Protection and Civil Defense - SINPDEC.



  6. The analysis of the environmental, health and safety management system has shown that there is no significant difference in the standards to be used in the Program and the PforR Core Principles 1, 2 and 3. In fact, Brazil has a very complete, detailed and even complex system, imposing several federal, state and municipal legal and regulatory requirements for the implementation of the Program.



  7. The greatest challenge in the implementation of the Program, in line with the Core Principles, may be the complexity of the various applicable legal requirements, associated with the diversity of institutional capacity of the various implementing agencies involved. The existence of state and municipal regulations, environmental licensing and works codes, respectively, imposes an additional difficulty in the activities of monitoring and evaluating the environmental management capacity of the various implementing agencies involved. However, the various norms and regulations are dispersed, difficult to access and to assimilate. As a result, key areas of action have been identified to ensure that the interventions of the Program are aligned with the Core Principles of Bank Policy.



  8. The National Education Development Fund (Fundo Nacional de Desenvolvimento da Educação - FNDE) will be in charge of carrying out the on-lending and monitoring of the use of resources for the PFEMTI Program (Full-Time Secondary Schools Program). The institutional capacity of the FNDE is high, with a Management, Articulation and Educational Projects Department - DIGAP responsible for investments in schools’ infrastructure. This department has over 200 staff, including dozens of engineers and architects. FNDE is responsible for the MEC's ​​PAR Plan (Plano de Ações Articuladas - PAR), which includes the construction of more than 8,000 kindergarten schools across the country. In order to implement a program of such size and complexity, FNDE developed and manages the Ministry of Education's Integrated Monitoring System (SIMEC), which has more than 50 modules for greater and better interaction between institutions and the Ministry of Education, the processes of evaluation of projects and monitoring of works. The execution of the works will, however, be carried out by 27 State Secretariats of Education, with different institutional capacity.



  9. Normative and Institutional Framework for Management of Social Aspects



  10. Democratic management is a basic element of the legal and political normative of the Brazilian educational system. The Federal Constitution of 1988 defined "democratic management" as one of the Core Principles of public education (article 206, section VI). The Law on the Guidelines and Bases of Education (LDB - Law 9.394 / 1996) provides (in its Article 3, section VIII, and in its Article 14) that education will be administered based on the principle of democratic management and that education systems (federal, state and municipal) will define the norms of the democratic management of public education in basic education, according to their particularities and according to the principles of participation of (i) education professionals in the elaboration of the pedagogical project of the school and (ii) of school and local communities on school boards and equivalents. The General National Curricular Guidelines for Basic Education reiterate that democratic management in public education is mandatory, which implies collective decisions and presupposes the participation of the school community in the management of the school and requires that, in its exercise, the school must strive to constitute a space of differences and plurality. The strengthening of democratic management is an explicit goal of the normative policy of education in Brazil. In compliance with these guidelines, the National Education Plan 2014-2024 (PNE 2014-2024, Law 13,005/2014) follows ten guidelines, which include promoting the principle of democratic management of public education (Article 2).



  11. Mechanisms of control and social participation are equally fundamental in the organization of Brazilian education and there are several instances of participation and social control. The Education and Guidance Law establishes the existence of a National Education Council (Conselho Nacional de Educação - CNE) as part of the organizational structure of national education (Article 9, § 1) and of school or equivalent councils (Article 14, subsection II). The CNE has regulatory and supervisory functions, as well as permanent activity. In all states and in the Federal District, State (District) Education Councils are also constituted with attributions similar to those of the CNE and governability at the state level. About 85% of the municipalities in the country rely on Municipal Education Councils. Another relevant instance of control and social participation is the National Education Forum (Fórum Nacional de Educação - FNE). The FNE was created by Ministry of Education Ordinance nº 1,407/2010. It is a permanent forum and is composed of 50 entities representing civil society and government. Its attributions are linked to the organization of the National Conferences of Education and to the monitoring of national 10-year education plans. In the school context, participation and social control take place through the formation of school councils. School councils are a principle and condition of the democratic management of public education in basic education in Brazil.



  12. The Brazilian educational system includes several channels of civil society participation that are very active. The National Education Council (CNE) is composed of the Chambers of Basic Education and Higher Education, each formed by twelve councilors, who are chosen and appointed by the President of the Republic, observing the need to represent all regions of the country and different types of education. At the federal level, the National Education Forum (FNE) is also active as a space for dialogue between civil society and the Brazilian State, as a result of the deliberation of the National Education Conference 2010. In the school context, the participation of the school and local community in the school is promoted and the formation of the school councils is required. The elaboration of the BNCC followed a widely participatory process with online consultation channels - which collected more than 12 million comments and suggestions - and 27 state seminars that brought together more than 9 thousand people. However, there are still major challenges for the implementation of democratic management in the education system.



  13. Brazil has approved strong legislation governing public access to information. The Brazilian law on access to information (Law on Access to Information - LAI - Law 12,527 / 2011 and Decree 7.724 / 2012) regulates the right to information provided for in the Federal Constitution of 1988. LAI establishes that all information produced and held by government agencies must remain accessible to the citizen, unless they are subject to certain legally defined restrictions. Brazil also recently approved specific legislation governing the participation, protection and defense of the rights of users of public services offered directly and indirectly by the public administration at all levels. The Federal Constitution of 1988 (Article 37 and Art. 74) and Constitutional Amendment 19/1988 provided for the regulation by law of the participation of users in the provision of public services and the creation of ombudsmen at all levels of government (Article 103, Art. 130, and constitutional amendment 45/2004). Recently, Law 13,460 / 2017 established the rights of users of public services. These include, but are not limited to: (i) participation in the supervision and evaluation of the provision of services; (ii) access to and use of services without discrimination and freedom of choice between the different means they are offered; personal information in public records and databases, (iv) protection of personal information, (v) access to accessible and correct information in the places where services are provided and through the Internet, and (vi) access to the agent public or the body responsible for receiving demonstrations.



  14. Brazil also has specific regulations on mediation as a means of settling disputes between individuals and on the self-determination of conflicts within the public administration. Law 13.140/2015 defines the principles, procedures and modalities of mediation and establishes that the Federal Government, the States, the Federal District and the Municipalities may create chambers for the prevention and administrative resolution of conflicts, within the respective public attorney entities, where there is, with competence to resolve disputes between organs and entities of the public administration, to assess the admissibility of the requests for the resolution of conflicts, by means of composition, in the case of controversy between private individuals and legal entities governed by public law; and to promote, when applicable, the conclusion of a behavior adjustment agreement. The General Ombudsman's Office (OGU) has a specific attribution to judge appeals for access to information in the third instance and, in this work, identified the opportunity to hold a dialogue between the defendant and the citizen to seek peaceful resolutions of conflicts, which the interests of plaintiffs and defendants



  15. There are hundreds of Ombudsman offices of federal agencies and agencies that are integrated into a digital system (e-OUV) managed by the Federal General Ombudsman (Ouvidoria Geral da União OGU). The e-OUV system is an integrated electronic platform that is available 24 hours a day, seven days a week, to receive citizens’ manifestations and direct them to the competent agencies for resolution. The deadline for replies is twenty days, extendable for another ten days, when justified. The Ombudsman's Offices periodically publish reports on the pages of the institutions to which they belong.2 Mechanisms of transparency, citizen engagement and grievance redress will be reinforced by the Ministry of Education with a dedicated channel for the Upper Secondary Reform.



  16. Brazil does not have specific national legislation addressing involuntary resettlement issues. The acquisition of land through the exercise of the power of eminent domain of the State continues to be governed by two main instruments: Federal Decree-Law 3,365 / 1941 on expropriation for public purposes and Federal Law 4,132 / 1962. Previous assessments highlight the gaps between Brazilian legislation and the World Bank's involuntary resettlement policy (OP / BP 4.12). There is no specific strategy to deal with the acquisition of land that may be necessary for improvements in the infrastructure of schools that will participate in the PFEMTI Program. However, land acquisitions are not expected under the Program.



  17. Brazilian legislation and education policy pay special attention to vulnerable groups - including the poor, people with disabilities, women, the elderly, or ethnic groups and marginalized minorities. The National Education Plan 2014-2024 (PNE 2014-2024, Law 13,005/2014) emphasizes respect for regional, state and local diversity and the need for a federative agreement to establish pedagogical guidelines for elementary education. Respect for cultural and social diversity and attention to vulnerable groups and ethnic minorities are also part of the BNCC currently under discussion. Special procedures targeting investment were adopted to ensure respect for the principles of social inclusion and reduction of inequalities in educational opportunities in the PFEMTI Program.





  18. Indigenous school education is based on the right of indigenous peoples to differentiated school education, which takes place through the organization of ethno-educational territories. Indigenous school education is defined as a specific modality of the national education system, which was consolidated through the establishment of National Curricular Guidelines for Indigenous School Education of a mandatory nature. Among others, it includes the following objectives: (i) to ensure that the principles of specificity, bilingualism and multilingualism, community organization and interculturality underpin the educational projects of indigenous communities, valuing their traditional languages ​​and knowledge; (ii) ensure that the model of organization and management of indigenous schools takes into account the socio-cultural and economic practices of the respective communities, as well as their forms of knowledge production, their own teaching and learning processes and corporate projects; (iii) to strengthen the system of collaboration between the education systems of the Union, the States, the Federal District and the Municipalities, providing guidelines for the organization of Indigenous School Education in Basic Education within the ethno-educational territories; (iv) to regulate provisions contained in Convention 169 of the International Labor Organization, ratified in Brazil, through Legislative Decree No. 143/2003, regarding education and the media, as well as mechanisms for free, prior consultation and informed; and (v) ensure that the right to differentiated school education is guaranteed to indigenous communities with social quality and pedagogical, cultural, linguistic, environmental and territorial relevance, respecting the logics, knowledge and perspectives of indigenous peoples themselves.



  19. Brazil has comprehensive and advanced legislation on the accessibility and social inclusion of persons with disabilities. This legislation comprises two main legal instruments: Law 10,098 / 2000 and Law 13,146 / 2015. The first of these laws sets the general standards and key criteria for promoting the accessibility of people with disabilities by removing obstacles and barriers in public spaces, urban facilities, modes of transport and communication. The second law expands the first law and relates issues of accessibility to the human rights of people with disabilities.



  20. Operational Performance and Institutional Capacity Assessment for Management of Environmental and Social Impacts



  21. The ESSA identifies the Brazilian legal and political normative framework of the education sector as one of its strongest points. It also highlights the broad process of prior and informed consultation that presided over the preparation of the BNCC and the solid mechanism for focusing the investments of the PFEMTI Program in communities of higher levels of socioeconomic vulnerability. The institutional capacity of the FNDE (responsible for making on-lending and monitoring the use of resources of this program) is also high. There is a robust system in operation for accessing information and addressing complaints, which will still be strengthened by the Ministry of Education. The Program does not interfere with the National Curricular Guidelines for Special Forms of Education (including those of indigenous school education).



  22. The most important weaknesses in the management of the socio-environmental impacts of the Program relate to the great heterogeneity that the implementing agencies present in terms of their institutional capacity to enforce a normative framework that is broad, detailed and of great complexity. The low institutional capacity of some federated entities can compromise the evaluation of socio-environmental impacts and, consequently, the adoption of the necessary preventive, minimizing, mitigating and compensatory measures.



  23. The Program can be an important instrument for improving environmental, health and safety management capacity in the State Secretariats of Education, and the adoption of natural risk assessment and mitigation procedures in schools. To this end, the assessment proposes the adoption of the measures summarized in its Action Plan.





  24. Stakeholder Consultation and Disclosure



  25. The elaboration of the ESSA resorted to the analysis of opinions previously and publicly expressed by the interested parties. As a result of these consultations, activities related to (i) ensuring the continuation of consultations on the National Curricular Common Core of High School and (ii) strengthening of transparency, communication and grievance redressing mechanisms were incorporated into the Action Plan for Social and Environmental Management of the Program.



  26. Thematic meetings on social and environmental aspects were also held with relevant government agencies. These included consultations with the State Secretariats of Education of Minas Gerais, Espirito Santo, Goias, Mato Grosso do Sul, Pernambuco, Parana, Roraima, Rondonia, Santa Catarina and the Federal District. This information corroborated the expectation that there is a great heterogeneity in terms of the institutional capacity to manage social and environmental impacts and risks between the different units of the federation. They led, therefore, to include in the Action Plan the activities of (i) the elaboration of a Guide to Socio-Environmental Management and (ii) Institutional strengthening of the Implementing Entities through a training program of the engineering, environmental and health management teams and State Departments of Education with less institutional capacity. They also included meetings with representatives of the Secretariat for Continuing Education, Literacy, Diversity and Inclusion (SECADI) and the National Fund for Education Development (FNDE), which resulted in confirmation of the need to include the following activities in the Plan of Action: (i) enhance the Project Management Unit capacity of offering technical assistance to the states and the Federal District regarding the implementation of socio-environmental, health and safety requirements and (ii) adoption of specific procedures for evaluating and coping with risks.



  27. 3. In support of the elaboration of the Evaluation, the Ministry of Basic Education (SEB) of the MEC called a meeting inviting 30 entities representing the interested parties. Specifically, the invitation to the meeting underscored its objective of addressing key issues to improve the results of the Evaluation and the measures it proposes to improve the Program's Socio-Environmental Management System. The invitation for this meeting was also disclosed through the website http://portal.mec.gov.br/component/content/article?id=55951 . A preliminary version of the Evaluation was made available and the invitation indicated that comments, criticisms and suggestions could also be sent to the e-mail address cgei@mec.gov.br. Meeting confirmation messages were sent to all invitees two days prior to the meeting date. Despite all these efforts, there was no attendance at the meeting.



  28. 4. Invitations were made again and a meeting was held the day after, counting with the presence and participation of representatives of the Educational and Environmental Programs Directorates of the National Confederation of Industry (CNI), Industry Social Service (SESI), and the National Industrial Learning Service (SENAI). Participants agreed with the main points presented in the Evaluation and proposed to carry out a mapping of the available network of institutions able to provide the learning itineraries and alignment between the offer of learning itineraries and the demand of the local labor markets. They were informed that the Program includes the following activities of technical assistance: (i) a study on potential partnerships to offer learning itineraries; (ii) mapping of the available offer of technical education for each state; and (iii) the support for the development of a technical curriculum in line with labor market demand.



  29. The consultation process remains open. The ESSA is still available for consultation on the page of the Ministry of Education. MEC maintains an electronic channel (cgei@mec.gov.br) for receiving comments and suggestions that can be sent in writing by November 10, 2017.

  30. Proposed Action Plan for the Improvement of Environmental and Social Performance




    1. Ações

    1. Responsável

    1. Prazo/Período

    1. Método de Verificação

    1. 1. Improvement of the Institutional Arrangement of the Program:

    2. - Revision of complementary rules for transfer of financial resources (Resolution MEC/FNDE 07/2016), including socio-environmental, health and safety aspects of the Program's conditionality;

    3. - Implementation of a unit in the Program with the specific mission of offering technical assistance to the states and the Federal District regarding the implementation of socio-environmental, health and safety requirements. Definition of the structure, institutional responsibilities and budget the unit.

    1. MEC/SEB/FNDE

    1. Program Effectiveness

    1. Enhanced institutional arrangement of the Program to explicitly include the Core Principles of the PforR financing



    1. 2. Elaboration of an Environmental and Social Management Guide and application of the verification form, including the formulation of Guidelines and Manuals for each of the themes listed below:

    1. Preservation of the patrimony of archaeological, paleontological, historical, cultural or religious value, following the applicable legislation;

    2. Preservation of the vegetation of legally protected areas, following the applicable legislation;

    3. Environmental impact assessment;

    4. Use of toxic chemicals to control pests;

    5. Management of environmental, health and safety risks;

    6. Environmental management of works and buildings;

    7. Best practices in projects and reform and expansion of schools (considering the sustainability of buildings);

    8. Assessment and mitigation of risks of natural disasters;

    9. The necessary elements to ensure the accessibility of the reformed and/or expanded school buildings

    1. MEC/SEB/FNDE

    1. First year of Program implementation

    1. Environmental and Social Management Guide revised and cleared by the Bank.

    2. Guidelines and Manuals approved by the Bank and distributed to the implementing agencies.

    1. 3. Implementation of Environmental Screening Procedures with the application of the Screening Form

    1. SEB/FNDE

    1. Program Effectiveness

    1. Approval of the draft screening form to be used by the Program and forms filled up.

    1. 4. Institutional Strengthening of Implementing Agencies: Training program for engineering, environmental management and health and safety teams of state secretariats of education with lower institutional capacity.

    1. SEB/FNDE

    1. First year of Program implementation

    1. Training program defined and implemented.



    1. 5. Implementation of the Monitoring System for Socio-Environmental issues, including the system for monitoring and evaluating the participation of school communities in the reform of the upper secondary education



    1. SEB/FNDE/SSE

    1. First year of Program implementation

    1. Monitoring System implemented.

    2. Regular Monitoring Reports issued.

    1. 6. Incentives to the Environmental Certification of sustainable buildings

    1. SEB/FNDE

    1. First year of Program implementation

    1. Dissemination of the Manual for sustainable buildings.



    1. 7. Adoption of specific procedures for assessment and response to natural disasters

    1. SEB/FNDE/SSE

    1. During Program implementation

    1. Monitoring reports

    1. 8. Operationalization of the dedicated grievance redress mechanism





    1. SEB/SSE

    1. First year of Program implementation

    1. Grievance redress mechanism reports

    1. 9. Land inventory of the schools participating in the PFEMTI Program and elaboration of a mitigation plan of adverse impacts related to the acquisition of land in the cases of identification irregular settlings.



    1. SSE/SEB

    1. First year of Program implementation

    1. Land inventory concluded.

    1. 10. Study related to the provision of learning itineraries

    1. SEB

    1. First year of Program implementation

    1. Study conducted.

    1. 11. Targeting investments in socially vulnerable school communities. The State Secretaries of Education should be encouraged to consider the set of socioeconomic and cultural factors that determine school dropout - income, race, ethnic identity, gender, rates of youth victimization and early pregnancy among young people, etc. - when elaborating the PFEMTI Implementation Plans.

    1. SEB/SSE

    1. First year of Program implementation

    1. State Plans for the implementation of the PFEMTI Program.

    1. 12. Mainstreaming gender and race equality. Diagnostic of the determining factors of gender inequalities in education, which are particularly pronounced among Afro-descendant youth.

    1. SEB

    1. Third year of Program implementation

    1. Diagnostic elaborated

    1. 13. Carrying out appropriate consultation to all the interested parties on the BNCC for the upper secondary schools

    1. MEC

    1. First year of Program implementation

    1. Consultation carried out.





1   2   3   4   5   6   7   8   9   ...   18


©bemvin.org 2016
enviar mensagem

    Página principal