STF resumes judgment on vacancies in daycare and preschool

The Federal Supreme Court (STF) resumed today (21) the judgment that will define whether the State is obliged to guarantee places in day care centers and preschool for children up to 5 years of age.

So far, six ministers have spoken out to deny the municipality of Criciúma (SC) an appeal against a decision by the Justice of Santa Catarina that forced the local government to offer a place in a daycare center for a needy child. The votes of five ministers are missing.

After the formation of the score, the trial was suspended again and should be resumed tomorrow (22), when the Court must also discuss the need for modulation of the decision to enforce compliance by the municipalities.

So far, despite the reservations, the plenary follows the vote given by the rapporteur, Minister Luiz Fux. In the minister’s understanding, the right to early childhood education is guaranteed in the Constitution and cannot be denied without justification.

“Universal and equal access to early childhood education implicitly implies that, in those actions not yet universalized by the formulator of public policy, priority should be given to the access of the poorest”, he stated.

Ministers André Mendonça, Nunes Marques, Edson Fachin, Alexandre de Moraes and Dias Toffoli followed the rapporteur with regard to the mandatory provision of vacancies.

The Constitution defined that early childhood education, in day care and preschool, should be guaranteed to children up to 5 years old. The guarantee is provided for in article 208, item IV.

However, municipalities claim that they do not have the resources to guarantee enrollment.

The trial process has general repercussions, that is, the decision that is taken by the STF will be mandatory in actions on the same topic that are processed in the country’s Judiciary.

Translated to english by RJ983

From Brazil, by EBC News

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