STF considers it the responsibility of the state to provide day care for children aged 0 to 5 years


The Federal Supreme Court (STF) will this Wednesday (21/9) reiterate its choice on the state’s obligation to provide locations for children aged 0 to 5 in day care facilities and preschools. This declare was introduced by the metropolis of Criciuma (SC) claiming that the Constitution solely requires major education, not children. The authors need to overturn the choice that locations the responsibility of enrollment on the metropolis administration.

The Municipality affirms that the Judiciary has no proper to intervene with the attributions of the Executive. “The existence of vacancies in pre-school establishments is a programmatic purpose that the state authorities should implement as a lot as doable,” the metropolis mayor’s workplace famous in its attraction.

The speaker of the motion, Minister Louise Fuchs, gave the first vote on the case on September 8. Fuchs voted to deny the request, noting that there’s a constitutional provision for a state’s necessary supply. “The state has a constitutional obligation to provide efficient entry to and care for day care facilities and preschools as a penalty for state impermissible inaction and violation of a subjective proper that may be remedied by the courts,” he mentioned. voice.

That day’s session was adjourned after Minister André Mendonça requested for extra time to research the course of, which was again on the agenda.


The motion of the metropolis of Crisiuma has been ongoing since 2016 and reached the STF due to the inclusion of different municipalities of the Confederation of National Municipalities (CNM).

The argument is that preschool is necessary and the nation’s purpose is to provide 100% companies to 4- and 5-year-old children on this phase of fundamental training. “Municipalities accountable for this era of training are attempting to guarantee the enlargement of entry to preschools and lively search for children who nonetheless don’t go to college is important and pressing,” states the CNM.

The confederation considers day care to be the solely phase of fundamental training that’s not constitutionally mandated, and the nation’s purpose is to serve not less than 50% of the 0-3 age group, not to universalize academic help. By 2024, children.

CNM’s argument is that, given the quantity of children out of day care facilities, STF dedication has vital implications for municipalities.

“The measure might generate an annual loss of BRL 37.4 billion to meet the 50% goal set by the PNE and BRL 120.5 billion, assuming a 100% job assure for this inhabitants. The estimate doesn’t bear in mind all the prices of constructing and sustaining kindergartens,” the confederation says.

common penalties

The digital plenary session of the STF has acknowledged that common influence has occurred in an attraction by the municipality of Criciuma (SC) debating whether or not the 1988 Federal Constitution ensures children obligatory entry to early childhood training services.

The foundation of the case considerations a writ of mandamus issued by the Ministry of Public Affairs of Santa Catarina to the Municipal Education Department of Criciuma for the goal of enrolling a toddler in a day care middle.

The Court of First Instance of Santa Catarina granted the request. The choice was confirmed by the Court of Justice on the grounds that training is a elementary and social proper, and state our bodies are obliged to assure it.

However, the municipality claimed that the choice of the TAC violated the precept of separation of powers, independence and settlement.

The debate in the case information questioned the state’s obligation to provide kindergarten and preschool training for children aged zero to 5 years. The rapporteur on this problem, Minister Louis Fuchs, expressed that the problem goes past subjective pursuits and the common influence of the problem. The speaker was heard unanimously.

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