Abstract

AUER, Franceila  and  ARAUJO, Vania Carvalho de. Judicialization of vacancies in full-time early childhood education in the municipality of Vitória (ES). Educ. Pesqui. [online]. 2022, vol.48, e252897.  Epub Nov 04, 2022. ISSN 1678-4634.  https://doi.org/10.1590/s1678-4634202248252897por.

The paper aims to understand the phenomenon of judicialization arising from the claim for vacancies in full-time early childhood education. It adopts qualitative research with documentary analysis of extrajudicial and judicial lawsuits. It uses the software NVivo to assist and organize data analysis. As a source of analysis, it selects eight lawsuits filed with the Public Prosecutor’s Office and the Court of Justice by families that demand vacancies for their children in public institutions of full-time early childhood education in the municipality of Vitória (ES). The results show that most of the families point to the non-home-based work and the socioeconomic needs as the main reasons to meet the demands for vacancies. However, the demands are not always accepted in favor of the vacancies, since there is a tension in the field of early childhood education due to the fact that full-time education is not compulsory. The workers of the Legal System substantiate the lawsuits using legal, constitutional arguments and categorical imperatives inspired by the understanding of the right to education as a responsibility of public policies. The paper concludes that the existence of controversial forms of law triggers the phenomenon of judicialization, subverting the public dynamics of law as an experience that concerns everyone equally.

Keywords : Right to education; Full-time early childhood education; Judicialization; Childhood; Policies.

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