Judicialização da educação: a atuação do ministério público como mecanismo de exigibilidade do direito à educação no município de Juiz de Fora

Abstract

This paper presents the results of a research project that began in March 2009 as part of the Masters of Education Program at the Federal University of Juiz de Fora (UFJF). The study aimed to analyze the process which prosecutors have utilized in order to attempt to secure the right to basic education in Juiz de Fora. This “judicialization” of education, a major sphere of public policy, is based on what is stated in the national legislation on education. In order to research this “judicialization” process, we performed a systematic search of the archives of relevant government agencies, specifically the Municipal Education Department and the Public Ministry and Guardianship Councils. We also conducted semi-structured interviews with key public officials, specifically the head of Child Protection, (former) municipal Secretaries of Education, and the Attorney for Children and Youth of Juiz de Fora. The research shows that while seeking the universalization of early education, the public prosecutor‟s office represented several different groups. These groups include the Public Defender‟s office, and Guardianship Councils, and public schools (both municipal and state) in Juiz de Fora. Although the issue of truancy has arisen, the research strongly suggests that the demand for access to early childhood education is a problem that has persisted throughout the study period (1996-2010). A lawsuit filed by the public prosecutor against the city of Juiz de Fora in 1999 confirmed that demand for early education outpaced the city‟s ability to supply it. This lawsuit and its results are discussed in depth. Despite the fact that universal access to early education has not been realized, the actions of the Prosecutor for Children and Youth have been significant in the city. They have opened up margins for other players to enter into the “judicialization” process.