The Senate plenary approved today (2) the opinion of Senator Rose Freitas (MDB-ES) on the bill (PL 2.486/2021) that regulates the activities of physical education professionals and the performance of the Federal Council of Physical Education (Confef ) and regional councils. The text determines that physical education teachers from public and private schools must register with the councils to practice teaching. The text goes to presidential sanction.
During today’s vote in plenary, Senator Romário stated that he received almost 1 million manifestations in favor of the affiliation of teachers to Confef and Crefs. “Physical education teachers understand that Confef and Crefs are of fundamental importance for the profession of physical education teacher”, he pointed out.
Romário’s defense was motivated by controversies to the text. Senator Paulo Paim (PT-RS) presented an amendment that would assure physical education teachers the exercise of teaching regardless of enrollment in the respective regional council and would make the annual fee optional for physical education teachers linked to regular education. As happened during the voting of the text in the Social Affairs Committee (CAS) of the House, Paim’s amendment was also rejected in the plenary of the House.
According to the approved project, those who have graduated in higher technology courses related to physical education (such as technologist courses in physical education or technologist in leisure sports management) will also be able to carry out the activities of the category. Currently, according to the law, physical education graduates in Brazil and abroad are authorized to practice, provided that, in the latter case, the diploma is revalidated by the Ministry of Education (MEC). Those who have demonstrably carried out activities typical of physical education professionals until the approval of the law in 1998 can also work in the area.
Under the project, it will be up to the Federal Council of Physical Education (Confef) to establish the list of activities and sports that require the performance of professionals in the area. Among other attributions, the federal council should also examine the accountability of regional councils (Crefs), inspect the structure of these councils and, when necessary, even intervene in their performance.
The regional councils will be responsible for registering professionals and issuing their professional identity cards, performing the function of regional ethics council, collecting fees and annuities, judging infractions and applying penalties, inspecting professional practice, among others.
The inspection of professional practice by legal entities is limited to the regularity of registration and the performance of physical education professionals who provide services to them.
Both the federal and regional councils will have 20 councilors and 8 alternates, elected by secret and mandatory vote, with terms of four years, with one reappointment being permitted.
Confef will keep the amounts paid for the registration of professionals and legal entities and 20% of the annuities. Crefs will keep 80% of the annuities. Of the annual fees allocated to Confef, 25% will be allocated to the Crefs Development Fund.
The federal and regional councils will also be able to count on funds related to sponsorship, promotion, assignment of rights and marketing in events promoted or authorized by them.
The project lists situations that can lead to disciplinary proceedings, such as violating the code of ethics, violating professional secrecy, practicing, allowing or encouraging crime or misdemeanor in the exercise of the profession, exercising the profession without registration, among others.
If convicted, the investigated professional may face a written warning, with or without the imposition of a fine, fine, public censure, suspension or cancellation. The fine shall be equivalent to the value of one to five annuities.
The punishment may be applied within a period of five years, counting from the date of the infraction. In cases of sexual or moral abuse or harassment, the period will begin to run from the beginning of the disciplinary process.
*With information from the Senate Agency