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Revista Brasileira de Educação

Print version ISSN 1413-2478


SILVEIRA, Adriana Dragone. The procedure of Sao Paulo State Court regarding the rights of children and adolescents to education. Rev. Bras. Educ. [online]. 2012, vol.17, n.50, pp.353-368. ISSN 1413-2478.

This paper examines how Sao Paulo Justice Court assessed and judged the demands involving the rights of children and adolescents to education, in the period after the implementation of the Child and Adolescent Statute, checking on what subjects such court established jurisprudence favorable to the legal liability for the right to education as well as the main difficulties regarding the interpretation of this right. The analysis of decisions allows stating that there is a major tendency to accept more easily the demands of access to education from individuals or from a defined number of interested people. Over the years, such trend consolidated favorable jurisprudence, especially in relation to early childhood education and special education. However, magistrates showed greater resistance to abide by the requests related to technical or political issues, considering the thesis that the Judiciary Power must not interfere in the Executive Power activities.

Keywords : right to education; Judiciary; Child and Adolescent 'Statute; public education policies.

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