Efetividade da tutela ao direito social de acesso à educação infantil durante a pandemia da Covid-19

Abstract

The present work aims to analyze the role of the State as the entity responsible for the effectiveness of the right to early childhood education during the public emergency in health caused by the COVID-19 pandemic. In this context, it was important to historically understand the right to education in the Brazilian constitutions, currently based on a fundamental social right that, because it is public and subjective, generates a provision entrusted to the Public Power. The theme is relevant given the problem regarding the lack of guarantee of alternative teaching format for the modality of early childhood education. Thus, the subject takes on the contours of social relevance, since individuals holding the right to education cannot have this right threatened and violated. Thus, from in-depth studies on the normative efficacy of constitutional provisions related to education, the study transcended the behavior of the public power to guarantee the right to education, but precisely, regarding early childhood education. The methodology used in this work was based mostly on the analysis of constitutional and sub-constitutional laws, as well as bibliographic laws of authors, thinkers, and education specialists. The narrative of the study also presents the documentary analysis of the opinions, decrees, and laws published during the state of emergency of the COVID-19 pandemic. Based on these analyses, the study found that the Brazilian educational system was not prepared to deal with teaching alternatives different from the face-to-face model due to the absence of investments, as well as normative devices dealing with the themes. Given all this, public educational institutions had more difficulties in dealing with the remote format. Finally, the constitutional instruments provided to guarantee the right to education were important tools to collaborate to guarantee the right to early childhood education.