Judicialização da educação infantil: efeitos da interação entre o Sistema de Justiça e a Administração Pública⁴

Abstract

The judicialization of education is a widespread phenomenon in Brazil. So many studies that analyze the content of judicial decisions, their relationship with the right to education and its impact on Public Administrations have already been produced on the subject. However, research that seeks to understand the influence of this phenomenon on the public policy process is rare. Aiming to fill this gap, the article analyzes the judicialization for early childhood education in the municipality of São Paulo between 2010 and 2016, based on the public policy cycle literature. It marks the landmark in 2013 of a paradigmatic Public Civil Action that, in addition to determining the increase of 150,000 new vacancies, produced significant institutional effects on the organs of the justice system, as well as direct and indirect effects on the policy. We analyzed quantitative data on vacancies in children’s education, obtained from the Municipal Department of Education of the Municipality, and the institutional evolution of the case in justice and municipal management, through qualitative data. We show that as relevant as the effects on specific educational policy are the direct and indirect effects that can be identified in the public policy of access to justice.

Keywords:
judicialization; child education policy; Judicial power; Municipal Public Administration