STRUCTURAL DISPUTES AND THE RIGHT TO EDUCATION IN BRAZIL

creches, o modelo de ações coletivas e a execução estrutural

Abstract

This article seeks to present, from a perspective of structural disputes, the framing of the right to education in Brazil, focusing on the use of structural executions as a counterpoint to class actions model filed for daycare centers. The methodology used is the hypothetical-deductive from an exploratory bibliographic research and a case study. The chosen problem is: is the common civil enforcement applicable to daycare collective actions the best way to guarantee the judicial effectiveness of the right to education? The sustained hypothesis suggests the inapplicability of the social rights solution, especially in the case of education and the right of access to daycare centers. Finally, the case of the Public Civil Action proposed by the Public Ministry of the State of Santa Catarina is evaluated for the solution and protection of the right of access to daycare centers in the city of Joinville, the role of the State Public Defender's Office and the main problems experienced , especially the transfer of the duty to resolve the conflict to the municipal manager, without parameters for controlling or progressing the work, with the exception of the temporal aspect.