The state is obliged to provide day care for children aged 0 to 5 years

The Federal Supreme Court (STF) dominated this Thursday (22/9) that the state should assure locations in day care facilities and preschools for children between 0 and 5 years of age. The ministers understood that training is a primary proper acknowledged by the Constitution and it must be provided to residents.

Thus, they signed the thesis that primary training in all its phases – early childhood training, major faculty and secondary faculty – is a basic proper of all children and younger folks, assured by constitutional norms which can be totally efficient and straight and instantly relevant.

The choice has basic penalties, that is, it have to be carried out by all cases of Justice.

Arguably early childhood training contains kindergarten (from zero to 3 years outdated) and preschool (from 4 to 5 years outdated). “State authorities have a authorized obligation to totally implement constitutional norms on entry to primary training,” stated the thesis signed by the Supreme Court on Thursday.

The STF believed that lack of provision in training, greater than in different areas, creates issues similar to illiteracy of children on the proper age; dropping out of highschool; studying incapacity. In different phrases, younger folks end major and secondary faculty with out the mandatory training.


The lawsuit was filed by the town of Criciuma (SC) alleging that the Constitution solely gives for obligatory training in major faculty, not for children. The authors needed to cancel the choice, which locations duty for the reception on the town administration.

The Municipality acknowledged 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 objective that the state authorities should implement as a lot as potential,” the town mayor’s workplace famous in its enchantment.

However, the STF voted to reject the request and even imposed a common provide rule for the complete nation.

“The state has a constitutional responsibility to provide efficient entry to and care for day care facilities and preschools, which is an impermissible state failure and a violation of a subjective proper that may be remedied by way of a courtroom of regulation,” stated Louis Fook. speaker of the motion. , in your voice.

basic penalties

The digital plenary session of the STF admitted {that a} basic impact had occurred within the enchantment of the municipality of Criciuma (SC).

The foundation of the case issues a writ of mandamus issued by the Ministry of Public Affairs of Santa Catarina to the (*5*) Education Department of Criciuma for the aim of enrolling a baby in a day care heart.

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

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