The Federal Supreme Court (STF) decided, this Thursday (22), that it is the duty of the State to guarantee places in day care centers and preschools for children up to five years old.
The ministers analyzed an appeal presented by the municipality of Criciúma (SC), which claimed not to have the money to guarantee day care for all children.
Of the 11 ministers, ten voted to deny the appeal. Minister André Mendonça was the only one to differ in parts, but he voted for the case to be returned to the Court of origin so that the understanding adopted by the STF can be applied.
The case has general repercussions, which means that the understanding adopted in this case will be applied in other similar cases.
All ministers agreed with the proposal presented by Minister Luís Roberto Barroso to establish that “basic education in all its stages (infant, elementary, middle school) is a fundamental right of all children and young people”.
The ministers also established two other points. First, that “early childhood education comprises daycare (from 0 to 3 years old) and preschool (from 4 to 5 years old). Its offer by the public power can be demanded individually, as in the case examined in this process”.
In addition, that “the public power has a legal duty to give full effect to the constitutional norms on access to basic education”.
The ministers initially disagreed with what was proposed by the rapporteur of the process, Minister Luiz Fux, who suggested some conditions to guarantee this access to free daycare centers.
In his vote, Fux had defined that access to day care was a constitutional right, but that the family should prove that they had already made a request and that there was no response and that they did not have the money to pay for the service.
Some ministers disagreed with these conditions established by Fux, who adopted the understanding suggested by minister Luís Roberto Barroso.
In addition, the ministers also defined that “among the obligations of the public power is the fulfillment of the National Education Plan in force, which proposes that, by 2024, 50% of children are in school”.
The National Education Plan sets as one of the goals to universalize early childhood education in preschool for children aged four to five years old and to expand the offer of early childhood education in day care centers in order to serve at least 50% of children up to 3 years old. until 2024, as reinforced by the ministers in the judgment that ended this Thursday (22).
Source: CNN Brasil
