The (in)effectiveness of the Law No. 11,738/2008 in the light of the Federal Supreme Court’s decisions

Resumen

ROCHA, Ana Cláudia Dos Santos. The (in)effectiveness of the Law No. 11,738/2008 in the light of the Federal Supreme Court’s decisions. J. Pol. Educ-s [online]. 2020, vol.14, e74105.  Epub 01-Dic-2021. ISSN 1981-1969.  https://doi.org/10.5380/jpe.v14i0.74105.

The study aims to evaluate the Federal Supreme Court’s (STF) performance with regard to the effectiveness of public policies to value teachers of basic education after the Law No. 11,738/2008. Documentary research is used, with a qualitative focus and content analysis based on the neoinstitutionalist theoretical perspective, by the approach of public action. The processes and the results of the collected demands are investigated, the effects of judicialization and the interface of fundamental rights - right to education, decent work, and access to justice - related to teacher’s valuing, considering it as one that attends the remuneration/career/training tripod. Finally, it was found that judicialization could be an additional instrument to guarantee the effectiveness of such policies. However, it has not achieved this aim yet because it is reduced to economic and financial issues.

Palabras clave : Teacher’s valorization policies; Judicialization; Effectiveness; Federal Supreme Court.

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