Abstract

TAPOROSKY, Barbara Cristina Hanauer  and  SILVEIRA, Adriana Dragone. The judicialization of public policies and the right to child education. Eccos Rev. Cient. [online]. 2019, n.48, pp.295-315.  Epub July 02, 2019. ISSN 1983-9278.  https://doi.org/10.5585/eccos.n48.8118.

This article proposes to conduct a discussion on the topic of the judicialization of public policies based on the right to early childhood education, with the objective of analyzing concepts and contents, included in the bibliographic production related to the theme. From the existing production on the subject, it discusses the of justiciability of the law and judicialization, its causes and main obstacles, among which the principle of separation of powers, administrative discretion and the theory of the reserve of the possible. It also discusses the notion of the existential minimum and the possibilities of interference of the Judiciary in educational policies, concluding for its necessity in cases where the right to early childhood education is not guaranteed by the other Powers. Finally, it points out the need for empirical research that can ascertain the limits to the Judiciary’s performance in educational policies.

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

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