Abstract

BIGARELLA, Nádia  and  MELIM, Ana Paula Gaspar. Right to early childhood education: legal, collective and individual protection. Sér.-Estud. [online]. 2022, vol.27, n.59, pp.155-171.  Epub May 30, 2022. ISSN 2318-1982.  https://doi.org/10.20435/serie-estudos.v27i59.1638.

This article analyses the right to early childhood education as legal, individual, and collective protection, through research involving systematization, analysis, and gathering of documents produced in federal scope. It was captured that such a right is connected to the basic principle of democracy - the defense of social rights prescribed by the Federal Constitution of 1988, which protects human rights and judges internal conditions for the imposition of legal guarantees that all citizens must have since birth, that is, an individual right. Early childhood education as a social right demands legal protection, the guarantee of universality, by law, so that, in practice, the access and frequency of each Brazilian child in daycare centers and pre-school facilities are fulfilled as an individual right. The solidification of the universality of early childhood education depends on the implementation of public policies, in which the procedures and main goals are established by the constitutional text.

Keywords : early childhood education; right to education; social right.

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