Introduction: Physical Education in the LDB
In Physical Education in the LDB you will find all the mentions of Physical Education in the LDB (Law of Guidelines and Bases of Brazilian Education, law 9394/96). There are currently only three mentions of Physical Education in the LDB, which are found in article 26 and article 35 of the LDB. O Physical Education Tips has prepared commented material on Physical Education in the LDB.
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Physical Education in the Basic Education Curriculum and the Common National Base
Article 26 of the LDB deals with the curriculum of basic education (early childhood education, primary education and secondary education) and the existence of a common national basis, see:
Art. 26: The curricula of early childhood education, primary education and secondary education must have a common national basis, to be complemented, in each education system and in each school, by a diversified part, required by the regional and local characteristics of society, culture, economy and students.
Paragraph 3 of article 26 of the LDB contains the first mention of Physical Education, which states that Physical Education must be integrated into the school’s pedagogical proposal, that it is compulsory throughout basic education and that it is optional for certain students:
§ 3Physicaleducation , integrated into the school’s pedagogical proposal, is a compulsory curricular component of basic education, and its practice is optional for students:
I – who works six hours or more;
II – over thirty years of age;
III – who is doing initial military service or who, in a similar situation, is obliged to do so. Education FPhysical Education;
IV – covered by Decree-Law No. 1.044, of October 21, 1969; (Included by Law No. 10.793, of December 1, 2003) which basically deals with carriers of diseases that require exceptional treatment)
V – Vetoed
VI – who has offspring.
Physical education in the school’s pedagogical proposal
Article 26, paragraph 3 of the LDB establishes Physical Education as a subject integrated into the school’s pedagogical proposal and values Physical Education as an area of knowledge and an important subject for the student’s education.
Compulsory physical education in basic education
Also in article 26, paragraph 3, the LDB makes Physical Education a compulsory curricular component in basic education (early childhood education, primary education and secondary education). This leaves no doubt about the value placed on school physical education and its importance in students’ education.
Optional physical education in basic education
Also in article 26, paragraph 3, the LDB establishes that Physical Education will be optional in Basic Education for certain students:
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who work 6 or more hours a day – in this case, the legislation was concerned with the physical preservation of the student, so students who work 6 or more hours a day can choose not to take part in practical Physical Education classes.
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Students over the age of 30 – this is a controversial point, because if one of the aims of school physical education is to introduce students to the culture of movement and encourage them to lead an active life in terms of physical exercise, why does it make school physical education optional for those over the age of 30?
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who is doing initial military service or who, in a similar situation, is obliged to practice Physical Education – in this case, the optional practice of Physical Education seems correct, because if the military member is already obliged to practice “Physical Education” in the military institution, it is reasonable that he does not need to practice Physical Education at school.
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Students with illnesses that require exceptional treatment – in this case there is not much to discuss, those who need exceptional treatment should have the practice of Physical Education optional.
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Students with offspring (children) – Here we have another point that I consider controversial. Are students with children not allowed to do PE? I believe that for students with newborn or breastfeeding children it would be reasonable for PE to be optional, but for any student with a child it doesn’t seem reasonable.
Compulsory physical education in high school
Paragraph 2 of article 35 of the LDB came about after the Brazilian government’s controversial proposal to make Physical Education optional in secondary schools. After much popular pressure rejected this proposal, the national congress ratified Physical Education as a compulsory curricular component in secondary education.
Here’s a look at the most recent mention of Physical Education in the LDB:
Art. 35-A. The Common National Curriculum Base will define high school learning rights and objectives, in accordance with the guidelines of the National Education Council, in the following areas of knowledge:
§ 2o The Common National Curriculum Base for secondary education must include studies and practices of physical education,(Included by Law No. 13,415 of 2017)