O papel do poder judiciário na garantia do acesso de crianças à educação infantil: análise no município de Anápolis, Estado de Goiás

Abstract

This dissertation proposes a discussion about the role of the Judiciary in guaranteeing children's access to early childhood education, under a qualitative analysis of documents inserted in the case files of the lawsuits filed in the Childhood and Youth Court of Anápolis, Goiás. The analysis was developed based on the dialectical historical materialism of the Marxian theory, as well as on the apprehension of nuclei of meaning that allow to go beyond the apparent considering the subjective, contextual and historical conditions. The production swells by reasoning about the sense and meaning of childhood, its role in the family, as well as that of the woman in this relationship, the social and legal frameworks and the new paradigm, the ECA, elevating the child to the condition of subject of law. From there, it deals with the historical processes of Early Childhood Education, the repercussions of neoliberal politics. The Rights Guarantee System, its axes, promotion, defense and social control are clarified, highlighting the deficiencies, challenges and obstacles in the system. It discusses the omission or insufficiency of Public Policy, the duty of the State, the claim of reserving the possible, the controversy as to what integrates the so-called existential minimum, or human needs and the interference of the Judiciary, constituting judicialization the way, the hope for guaranteeing and enforcing these rights