Abstract

SILVEIRA, Adriana Aparecida Dragone  and  TAPOROSKY, Barbara Cristina Hanauer. The Judiciary and the financing of basic education: mapping the decisions of the Brazilian Courts of Justice. Educ. Teoria Prática [online]. 2024, vol.34, n.67, e12.  Epub Sep 05, 2024. ISSN 1981-8106.  https://doi.org/10.18675/1981-8106.v34.n.67.s17438.

Over the last few decades, the Judiciary has been employed to discuss the guarantee and expansion of the right to education. Nevertheless, the involvement of the Judiciary in public policies still faces resistance, especially when the intervention discusses the financing of this right. The aim of this article is, thus, to map and analyze the decisions handed down by the Brazilian courts involving the financing of basic education. To this end, a survey of case law was carried out in the five Federal Regional Courts (TRF) and ten State Courts of Justice (TJE) (Acre, Amazonas, Bahia, Ceará, Mato Grosso, Pará, Paraná, Pernambuco, São Paulo and Sergipe), analyzing a set of 1,021 sentences of decisions from the TRFs and 393 from the TJE. The data analysis reveals that, in the TRFs, the topics discussed are related to issues which involve inter-federative relations, mainlyFundo de Manutenção e Desenvolvimento do Ensino Fundamental e de Valorização do Magistério(Fundef) and Fundo de Manutenção e Desenvolvimento da Educação Básica e de Valorização dos Profissionais da Educação (Fundeb) resources.Meanwhile, in the TJE they involve the operationalization of funding mechanisms and their impact on public administration and education professionals.

Keywords : Judicialization of Education; Right to Education; Educational Funding; Courts of Justice.

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