Childhood Education: legal aspects of law and legal guarantees of day care vacancy

Abstract

This article aims to address, from the three main legal foundations, the precepts that guarantee children from zero to three years of age the right to access places in daycare centers at the municipal level and, as the non-compliance with such precepts, has triggered continuous enforcement of court decisions. Juridical instances, through judgments, establish mandatory enrollment by the public authorities, even if enrollment exceeds the physical capacity of the school institution, compromises the quality of care for children in their educational process, is done at random during the course of the school year and be a cause of perplexity for educators who are unhappy with the overcrowding caused and the multiple organizational and pedagogical consequences. It presents the issue of judicialization and the effects for the municipal policy on early childhood education, generated by the interaction between the justice system and the Municipal Secretary of Education. As references to the national legislation in its most significant instances, the propositions of theorists and researchers, with the consideration of some themes that discuss the school child, such as the history of the emergence of the day care center and Early Childhood Education in the dimension of the child's social and pedagogical development.