Abstract

COLI, Heloisa  and  XIMENES, Salomão Barros. Judicialization of early childhood education: trajectories and effects in a pioneer case. J. Pol. Educ-s [online]. 2021, vol.15, e80738.  Epub Dec 01, 2021. ISSN 1981-1969.  https://doi.org/10.5380/jpe.v15i0.80738.

The article is inserted in the literature on the judicialization of public policies for early childhood education, specifically analyzing the case of Santo André (SP), a municipality that proposed in the Supreme Federal Court (STF) the Extraordinary Appeals that would come to provoke, in 2005 and 2006, the first decisions of the Court to recognize non-mandatory early childhood education as a constitutional prerogative, thus affirming the enforceability of this right. The survey covers the period from 2006 to 2018 and required analysis of data, documents and interviews. In the interpretation of the results, we take as a basis the methodology of identification of effects developed by Silveira et al (2020), adapting it to the reality found in the Municipality, in which, until 2017, the judicialization occurred by individual and repetitive lawsuits, focused on obtaining individual injunctions to determine the enrollment of children enrolled in actions, the most widespread decision-making pattern, according to the analyzed literature. We found direct effects of judicialization on educational policy, public administration and the justice system; and indirect effects in four dimensions. The expansion of services in the municipal system, the overcrowding of day care centers and the worsening of the quality conditions of education, direct effects in educational policy, and the change in decision-making standards, identified as an indirect effect of the exhaustion of the previous judicialization model, stood out as main effects.

Keywords : Early Childhood Education; Judicialization; Right to education; Educational Policies; Nursery.

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