The obligation of child education and the shortage of places in kindergartens and similar establishments¹

Abstract

There is currently a great demand for places in kindergartens and similar establishments, and inadequate supply causes shortage of places for the care of the rights of children who have not completed four years of age. This study aimed to analyze the legal provisions relating to the right to education, mandatory education, as well as the responsibility of the State as to this requirement, the National System of Education and the National Education Plan, seeking to understand the difficulty faced by society to solve this problem. If the right to education is a duty of the family, the state and the whole of society, what is really necessary for its implementation? We conclude that the Brazilian Legal System would be sufficient to enable education for every child, but there is a considerable gap between what is written in the law and the competence of the state itself to comply with this law, which defines the school reality of a large part of Brazilian children.