O processo estrutural como instrumento para a concretização de políticas públicas de acesso à educação infantil no município de Pelotas/RS

Abstract

This paper treats the structural process as a tool to conclude Public Politics of acess to early childhood education in the City of Pelotas–RS. The education is a Social Right clear expressed in the Federal Constitution of 1988, given that to its efectiviness is necessary the conclusion of Public Politics at this field, which surpass inicially the assurance of access. From the moment that the Public Powers does not make it effective to the society, based on the justice of inescapability jurisdiction, it’s up to the Judiciary Power to make it effective. However, to the assurance of this right achieve its social aiming, it is believed that the jurisdictional custody must be rethought based on structural process. Based on that, the questions that will need to be answered are, in which way the structural process can contribute to custody of Social Rights to childhood education? Given that the city of Pelotas does not have any kind of planning or projects of Public Politics of this kind. With that picture, firstly it is necessary to manage about the juridical recognize of Educational Rights, understanding him as Welfare Social Rights and Subjective Public Rights, especially when it comes of early childhood education in Educational Center Cares. Besides that, it is needed to develop a study about structural process and its decisions as valuable tools to make it effective to Social Rights, especially the right to access childhood education to kids. This study justifies its realization considering the education a right to everyone, due to the absence or insufficiency of entry educational public politics aiming to make effective this Social Right in the level of childhood education in the city of Pelotas–RS. An analysis was of judged that come from the Judicial District of Pelotas-RS to inquire if the tradicional processual model is the best model to decide Entry Public Politics to childhood education in the mentioned city, considering the number of children waiting for a spot on the administrative field. Furthermore, it was verified how the Structural Process, as new processual model, could have contributed to the achievement of Entry Public Process to the social rights in the city of Pelotas-RS. For this last analysis, was used a paradigm of judgement settled by the Justice Court of São Paulo about the case related to the lack of spots in Child Centre Cares in the City of São Paulo-SP. The study used the empiric method, with a qualitative approach of bibliographic sort.