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Educação & Sociedade

Print version ISSN 0101-7330On-line version ISSN 1678-4626

Abstract

OLIVEIRA, Vanessa Elias de; SILVA, Mariana Pereira da  and  MARCHETTI, Vitor. Judiciary and public policy: the case of vacancies in nursery school in São Paulo. Educ. Soc. [online]. 2018, vol.39, n.144, pp.652-670.  Epub Mar 26, 2018. ISSN 0101-7330.  http://dx.doi.org/10.1590/es0101-73302018176112.

The article focuses on the relationship between the Judiciary and the Executive in a specific public policy: the early childhood education. We analyze the interactions between the Municipality of São Paulo and judicial actors (public defenders, prosecutors and judiciary) on litigations involving demands for places in kindergartens and pre-schools, to reflect on the influence of judicial strategy in education public policies. This case highlighted the Judiciary’s ability to control the government agenda, as well as the implementation process itself. It could be observed that the Executive acts through the “political strategy”, dealing with both individual and collective service, thus generating individual gains and erga omnes, that is, for society as a whole.

Keywords : Judicialization of public policies; Judicial and Executive relations; Early childhood education.

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