THE EFFECTS OF JUDICIALIZATION OF EARLY CHILDHOOD EDUCATION IN DIFFERENT SUBNATIONAL CONTEXTS

Silveira, Adriana Aparecida Dragone; Ximenes, Salomão Barros; Oliveira, Vanessa Elias de; Cruz, Silvia Helena Vieira; Bortolloti, Nadja

doi:10.1590/198053147019

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ISSUE IN FOCUS • Cad. Pesqui. 50 (177) • Jul-Sep 2020 • https://doi.org/10.1590/198053147019 copy

THE EFFECTS OF JUDICIALIZATION OF EARLY CHILDHOOD EDUCATION IN DIFFERENT SUBNATIONAL CONTEXTS

Authorship SCIMAGO INSTITUTIONS RANKINGS

Abstract

Legal intervention in early childhood education policies has facilitated the consolidation of the right to education in Brazil for children aged 0 to 5 years. Such a process, seen from the perspective of the judicialization of public policies, fosters both beneficial and adverse impacts on government actions. This paper aims to scrutinize the direct and indirect effects of the judicialization of early childhood education carried out through judicial and extra-judicial proceedings in the local context of nine municipalities scattered across four Brazilian states. The methodology adopted here is the qualitative research, approached with case studies, probing into how Public-interest Civil Actions and Conduct Adjustment Agreements changed local management and planning in the selected cases.

RIGHT TO EDUCATION; EARLY CHILDHOOD EDUCATION; PUBLIC MINISTRY; COUNTRY

	Paraná	São Paulo	Sergipe	Ceará
Contextualized Public-interest Civil Action		São Paulo	Nossa Senhora do Socorro
Non-contextualized Public-interest Civil Action	Araucária	Mauá Caieiras		Fortaleza
Contextualized Conduct Adjustment Agreement	Telêmaco Borba	Paulínia
Non-contextualized Conduct Adjustment Agreement	Pato Branco

Educational policy
Direct effects	Indirect effects
a) Expansion of enrollments; b) Expansion of places in public schools; c) Universalization of places in pre-schools; d) Building of new daycare centers and pre-school; e) Increase of municipal expenditure at this stage.	a) Increased number of students per class and/or teachers; b) Expansion of enrollments in government-aided private daycare centers and schools; c) Increase of municipal expenditure at this stage; d) Decrease of the average municipal yearly expenditure per student; e) Increased part-time coverage, with the creation of part-time places or proportional reduction in the number of full-time places; f) Increased popular demand for places via the court system (Courts, Prosecution Office and Public Defender's Office); g) Increased demand for places; h) Expansion of places in public schools; i) Extinction of complementary pedagogical spaces to function as a classroom.
Local government
Direct effects	Indirect effects
a) Priority of care for children supported by court order; b) Specific budget estimate for expansion of daycare centers and pre-school; c) Formulation, implementation and internal monitoring of plans aimed to expand the number of places; d) Accounting to the court system for public policies and expansion plans; e) Presentation of proposals for new programs to the Legislative Branch.	a) Interference in the queuing policy, if any; b) Formulation of demand identification and waiting queuing policies; c) Regulation of priority criteria; d) Establishment of legal counsel teams or dedicated subdivisions in departments of Education; e) Establishment of administrative work routines for prevention and compliance with court orders and Conduct Adjustment Agreements; f) Prior adaptation of the action plans to the provisions of Conduct Adjustment Agreements and court orders; g) Regulation of partnerships with the private sector; h) Hiring of new early childhood professionals; i) Increased proportion of childcare assistants in relation to the number of teachers.
Legislative branch
Direct effects	Indirect effects
a) Opening of legislative processes on bills originated directly or indirectly from Conduct Adjustment Agreements and Public-interest Civil Actions.	a) Passing of municipal laws to regulate waiting queues, coverage criteria, authorization of agreements with the private sector (both for-profit companies and non-profit companies), and compensation programs for mothers and families; b) Passing of budget legislation providing specific expenditure on early childhood education.
Court system
Direct effects	Indirect effects
a) Acceptance of technical reports on public policy; b) Establishment of interinstitutional committee for public policy monitoring and assessment; c) Mediation and renegotiation of Conduct Adjustment Agreements and compliance with court decisions.	a) High demand for individual lawsuits seeking immediate coverage, often enough seen as a more efficient pathway; b) Creation of routines and administrative pipeline, prior to judicialization, strengthening operating procedures regarding extra-judicial proceedings; c) Vertical and horizontal dissemination of performance standards for class actions; d) Restructuring of the Prosecution Office and the Public Defender's Office to operate on this theme.

Fundação Carlos Chagas Av. Prof. Francisco Morato, 1565, 05513-900 São Paulo SP Brasil, Tel.: +55 11 3723-3000 - São Paulo - SP - Brazil
E-mail: cadpesq@fcc.org.br

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[1] TRANSLATED BY Marcos Vinícius Branco de Oliveira^VI