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

The Federal Supreme Court (STF) determined this Thursday (22/9) that states are obliged to assure locations in day care facilities and preschools for children aged 0 to 5 years. The (*5*) understood that schooling is a basic proper acknowledged by the Constitution and must be loved by residents.

Thus, they signed the thesis that primary schooling in all its phases – early childhood schooling, major faculty and highschool – is a basic proper of all children and youth, which is assured by constitutional norms of full effectiveness and direct and quick applicability.

The determination has common implications, that is, it have to be adopted by all cases of justice.

Early childhood schooling, whose mandate has been questioned, consists of day care (from zero to 3 years) and preschool (from 4 to 5 years). The thesis signed by the Supreme Court on Thursday mentioned, “Public authority has a authorized responsibility to give full impact to constitutional norms on entry to primary schooling”.

The STF held that, not like different sectors, within the case of schooling, lack of provide leads to issues corresponding to non-literacy of children at an acceptable age; dropping out of highschool; studying loss. In different phrases, younger individuals full major and highschool with out studying the necessities.


A lawsuit was filed by town of Criciúma (SC) that the structure solely offers for obligatory schooling for major faculty, not for children. The authors sought to overturn the choice imposing the registration obligation on City Hall.

The municipality mentioned that the judiciary has no proper to intervene with the attribution of the manager. “The availability of vacancies in pre-school establishments is a programmatic purpose that the general public energy has the responsibility to implement to the extent of its potentialities”, claimed town corridor within the attraction.

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

“The state has a constitutional responsibility to assure efficient entry and care in day care facilities and pre-school items, beneath penalty of unacceptable state omissions and violations of particular person rights that may be resolved by judicial means”, mentioned Louise Fuchs, informant of the motion. , in your opinion.

common impact

The Virtual Plenary of the STF acknowledged the final adversarial occasion within the attraction filed by the Municipality of Crisciuma (SC).

The case refers, initially, to a writ of mandate filed by the Santa Catarina Public Ministry in opposition to the Municipal Department of Education of Crisciuma, with the goal of enrolling a toddler in a day care heart.

The first occasion of justice in Santa Catarina granted the request. This determination was confirmed by the Court of Justice (TJSC) that schooling is a basic and social proper, which public authorities have an obligation to assure.

However, the municipality claimed that the TJSC judgment violated the precept of separation, independence and concord between powers.

The case file debate questioned the state’s responsibility to guarantee day care and preschool care for children aged zero to 5 years. Minister Louise Fuchs, an informer of the matter, believed that the matter went past the subjective pursuits of the trigger and expressed itself by a common response to the difficulty. The reporter was unanimously adopted.

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