Uma análise crítica da Lei nº 13.935/2019 sobre a prestação de serviços de psicologia nas redes públicas de educação básica

Abstract

The present work is associated with the following research field 1: Public Policies in Education, Developmental Processes, and Diversity in the Postgraduate Program in Education (PPGE) - Masters and Doctorate – at UNOESTE (University of Western São Paulo), Presidente Prudente Campus, São Paulo state. The general objective is to critically analyze the Brazilian Law no. 13.935/2019 which discusses the need to provide psychological service in public primary schools in Brazil. For this purpose, it was carried out a documental framework and theoretical-conceptual research based on dialectical and historical materialism. The aforementioned law was analyzed as well as searching former legislative proposals regarding inserting psychology within scholarly environments all over the country. The results obtained were the following: during the period ranging from the years 2000 to 2020, it was found 12 legislative proposals relating to psychologists in schools. When comparing these proposals to the Federal Law no. 13.935/2019 it can be inferred that the latter demonstrates progress because it proposes the participation of a psychologist as an education professional, who acts along multidisciplinary teams developing actions that enable the quality of the teaching and learning process, considering then the political-pedagogical project in the public educational institutions. However, the aforementioned law leaves plenty of room for personal interpretations such as the clinical practice, which is historically marked by the insertion of psychology within the scholarly environment besides proposing that the psychologists work towards catering to the interests of hegemonic politics of education based on “learn to learn” thus reducing the practice of psychology to an adaptation of the student to the labor market requirements. With the enactment of this law, a new battle begins now, for the guarantee of regulation and implementation of new actions. Nevertheless, an old battle must continue: the training and qualification of psychologists as well as the awareness of teachers and school managers, in a way they can overcome old pathologizing and blaming practices towards students, parents, or teachers facing scholar failure. Psychological practice with qualified psychologists in the school environment must be guided by the multiple specifications in the educational process, with the psychological intervention being considered one aspect among the multiple facets in the process of schooling such as politics of education, didactic materials, and teacher-student relationship. Based on the theoretical approach of cultural-historical psychology and historical-critical pedagogy, this research resulted in considerations for the inclusion of scholar psychology and the practice of psychologists in public educational institutions, highlighting the tripartite relationship between content-form-addressee such as invaluable elements for the professional practice and for the educational process in its entirety.