The STF justifies the state’s duty to ensure day care for children aged 0 to 5 years


The Federal Supreme Court (STF) this Wednesday (21/9) resumes its ruling on the state’s duty to ensure locations in day care facilities and preschools for children aged 0 to 5 years. The motion was taken by the City of Criciúma (SC) with the declare that the Constitution solely gives for obligatory major college, not for children. The authors search to overturn a choice that imposes registration obligations on City Hall.

The Municipality assures that the Judiciary has no proper to intrude with the attribution of the Executive. “The availability of vacancies in pre-school establishments is a programmatic aim that the public energy has the duty to implement to the extent of its potentialities”, claimed the metropolis corridor in the enchantment.

The initiator of the motion, Minister Louise Fuchs, forged her first vote in the case on 8 September. Noting that there’s a constitutional provision for a state-mandated provide, Fuchs voted to dismiss the request. “The state has a constitutional duty to assure efficient entry and care in day care facilities and pre-school models, underneath penalty of unacceptable state omissions and violations of subjective rights redressable via judicial means”, he mentioned in his assertion. Vote

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


The proceedings of the metropolis of Criciúma have been ongoing since 2016 and reached the STF partially due to the accession of different municipalities of the National Confederation of Municipalities (CNM).

The argument is that preschool is obligatory and the nation goals to serve 100% of children aged 4 and 5 on this section of primary schooling. “Municipalities, accountable for this part of schooling, try to ensure the enlargement of preschool entry and the lively search for children who’re nonetheless out of college is critical and pressing”, CNM claims.

The confederation believes that day care is the solely section of primary schooling that isn’t constitutionally mandated, and the nation’s aim will not be to make instructional help common in the 0 to 3 age group, however to serve no less than 50% of them. children by 2024.

CNM’s argument is that, contemplating the variety of children out of day care facilities, final duty by the STF implies important implications for municipalities.

This measure can generate an annual expenditure of BRL 37.4 billion to meet the 50% goal established by the PNE and BRL 120.5 billion, which takes under consideration the assure of vacancies for 100% of this inhabitants. The estimate doesn’t keep in mind all the prices concerned in constructing daycare facilities and sustaining them”, claims the union.

basic impact

The Virtual Plenary of the STF has already acknowledged the basic retrogression phenomenon in the enchantment filed by the Municipality of Criciúma (SC) which debates whether or not or not the 1988 Federal Constitution ensures children obligatory admission to early childhood schooling establishments.

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 intention of enrolling a toddler in a day care middle.

The first occasion of justice in Santa Catarina granted the request. This choice was confirmed by the Court of Justice (TJSC) that schooling is a elementary and social proper, which public authorities have a duty 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 duty to ensure 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 via a basic response to the difficulty. The reporter was unanimously adopted.

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