A judicialização do direito à educação: estudo de casos sobre a Educação Básica no município de Montes Claros/MG (2009-2019)

Abstract

This text presents theoretical-documentary results of a qualitative research focused on the judicialization of the right to education, based on article 205 of the Federal Constitution/1988 (BRASIL, 1988), with regard to compulsory education – offered between the ages of 4 and 17 – such right has constitutional recognition as a subjective public right (§ 1, art. 208) (BRASIL, 1988), thus detaining the individual to college to claim it, including in court. Therefore, the individual has the power to claim it, especially in court. In this context, the research proposed to interpret the endpoints of appeals concerning the right to Basic Education in the municipality of Montes Claros/MG, based on the rulings handed down by the Court Law of Minas Gerais, from 2009 to 2019. For this purpose, it was chosen as specific objectives: to discuss the theoretical universe that supports the research; to apprehend how the right to education was historically delineated in the post-independence Brazilian State, taking the Constitutions that prevailed in the country over time as conductors; and discuss the reasons woven to justify the decisions made by the judging groups of the Court Law of Minas Gerais. To carry out the discussion about the supporting bases of the judgments, it was elected the category that added the greatest amount of searches to the Minas Gerais court, namely, Age Limit for Admission to Elementary School, in order to produce a more in-depth analysis of the content of each decision. In view of the time and space cuts of the investigation, It is considered possible to affirm the occurrence of an expressive volume of actions toward the judiciary of Minas Gerais to appease the demands related to the right to Basic Education. With regard to the category on which the study is deepened, there was the manifestation of a decision-making trend towards the acceptance of admission of younger children to elementary school, even if the chronological age established for enrollment, that is, 06 years old, was not reached until the cutoff date in force at the time of the facts. The results also point to reflections that open possibilities for new investigations in the area, as recorded in the final considerations.