Judicialização da educação infantil: desafios à política municipal e a exigibilidade de seu direito em Juiz de Fora-MG

Abstract

This study aims to analyze the actions of the Public Prosecutor‟s Office, in particular the Attorney for Protection of Childhood and Youth, and Tutelary Councils to guarantee access to education for children in the municipality of Juiz de Fora – MG, which were carried on between the years 2009 to 2014. For the development of the study, there was the literature review on Judicialization of education, with reference to authors who discuss the process in the field of Politics and Education and also the results obtained in master thesis defended by the researcher and that propelled the achievement of this work; literature review on federalism, taking authors like Fernando Abrúcio, Gilda Cardoso, Jamil Cury, among others, in the hope of understanding the organization of the Brazilian State and the implications on the implementation of educational public policy; and the studies on legislation and public policy for early childhood education, taking as central references Sônia Kramer, Maria Malta Campos, Kuhlmann Júnior, among others, with the goal of understanding the evolution of the policies for this stage and which made it one of the main causes of the Judicialization of education. Later, there was the field research in the Public Prosecutor's Office, Secretary of Education and Tutelary Councils of Juiz de Fora. Sentences books from the Court of Infancy and Youth were analyzed, the service reports from the municipality Tutelary Councils, the data availability in early childhood education from the Secretary of Education and, finally, semi-structured interviews were conducted with: two public prosecutors, two secretaries of education, two heads of department of childhood education and their two supervisors, seven tutelary counselors and advisers and a councilor of the City Council of Juiz de Fora. With the development of this study, a considerable deficit was identified for vacancies in the stage of children‟s nurseries; that there is in Juiz de Fora a disarticulation from the Childhood and Youth Social Protection Network; that the process of Judicialization of Education found its limit, in consequence of the operation difficulties of the Tutelary Councils and the understanding of the Judiciary Power and the Public Prosecutor‟s Office of that the efforts to expand access to early childhood education are being conducted by the City Hall/ Municipal Secretary of Education; and that, in result of that, another actor has emerged to ensure the right of access to early childhood education, the Legislative Power.