The Right to Early Childhood Education in the Courts of Justice of Brazil

Taporosky, Barbara Cristina Hanauer; Silveira, Adriana Aparecida Dragone

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OTHER THEMES • Educ. Real. 44 (1) • 2019 • https://doi.org/10.1590/2175-623680678 copy

The Right to Early Childhood Education in the Courts of Justice of Brazil

Authorship SCIMAGO INSTITUTIONS RANKINGS

Abstract:

This article aims to map the collective actions that discuss the right to early childhood education judged by the Courts of Justice of Brazil. The decisions analyzed were issued between October 2005 and July 2016, from all 27 Brazilian State courts. There were 289 collective actions along with 306 decisions related to the subject, with a higher concentration in the South and Southeast regions of the country. The Brazilian Public Prosecution Service was identified as the proponent in most of the lawsuits. In most cases, the right to early childhood education was recognized, ensuring access to both child care and preschool. Decisions related to budget issues and supply conditions were also identified.

Keywords:
Right to Education; Judicialization; Early Childhood Education

Court	Interlocutory Appeal¹¹ 11 The interlocutory appeal is an appropriate appeal of interlocutory decisions, i.e., those that are issued during the demands and do not end the suit, under the terms of art. 522 from the CPC/1973 (Brasil, 1973) and art. 1015 from the CPC/2015 (Brasil, 2015). In the cases analyzed in this research, it deals with the decisions that grant or deny preliminary injunctions in the actions or that deny effects to appeals filed against the sentence.	Appeal¹² 12 The appeals are appropriate appeals against the sentences of suits, under the terms of the art. 513 from the CPC/1973 (Brasil, 1973) and art. 1009 from the CPC/2015 (Brasil, 2015). /Judicial Review¹³ 13 The sentences issued against the Union, states, municipalities and their respective local authorities and foundations of public right are subject to judicial review, which is its analysis by the independent courts in interposition of volunteer appeal, under the terms of the art. 496, I, from the CPC/2015 (Brasil, 2015).	Other appeals	Total
North	5	7	1	13
Acre	2	1	0	3
Amapá	0	1	0	1
Amazonas	0	0	1	1
Pará	0	1	0	1
Rondônia	3	1	0	4
Roraima	0	0	0	0
Tocantins	0	3	0	3
Northeast	9	12	3	24
Alagoas	1	0	0	1
Bahia	1	0	0	1
Ceará	0	0	0	0
Maranhão	0	1	0	1
Paraíba	1	0	0	1
Pernambuco	0	0	0	0
Piauí	0	0	0	0
Rio Grande do Norte	0	1	0	1
Sergipe	6	10	3	19
Central-West	10	13	2	25
Distrito Federal	0	0	0	0
Goiás	1	3	1	5
Mato Grosso	8	4	0	12
Mato Grosso do Sul	1	6	1	8
Southeast	75	54	19	148
Espírito Santo	4	0	0	4
Minas Gerais	28	35	8	71
Rio de Janeiro	4	1	0	5
São Paulo	39	18	11	68
South	45	44	7	96
Paraná	15	6	1	22
Rio Grande do Sul	11	16	0	27
Santa Catarina	19	22	6	47
TOTAL	144	130	32	306

Court	Public Civil Action	Writ of Mandamus	Other¹⁷ 17 Other procedures identified were: two protection measures; one obligation of duty action; one representation action; one decision in which the type of action was not presented.	Total
North	12	0	1	13
Acre	3	0	0	3
Amapá	1	0	0	1
Amazonas	1	0	0	1
Pará	1	0	0	1
Rondônia	4	0	0	4
Tocantins	2	0	1	3
Northeast	21	0	0	21
Alagoas	1	0	0	1
Bahia	1	0	0	1
Maranhão	1	0	0	1
Paraíba	1	0	0	1
Rio Grande do Norte	1	0	0	1
Sergipe	16	0	0	16
Central-West	24	1	1	26
Goiás	4	1	0	5
Mato Grosso	13	0	0	13
Mato Grosso do Sul	7	0	1	8
Southeast	129	5	5	139
Espírito Santo	2	0	2	4
Minas Gerais	64	1	0	65
Rio de Janeiro	5	0	0	5
São Paulo	58	4	3	65
South	88	2	0	90
Paraná	21	1	0	22
Rio Grande do Sul	25	0	0	26
Santa Catarina	42	1	0	43
TOTAL	274	8	7	289

Universidade Federal do Rio Grande do Sul - Faculdade de Educação Avenida Paulo Gama, s/n, Faculdade de Educação - Prédio 12201 - Sala 914, 90046-900 Porto Alegre/RS Brasil, Tel.: (55 51) 3308-3268, Fax: (55 51) 3308-3985 - Porto Alegre - RS - Brazil
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