O direito à educação em Feira de Santana e a atuação dos órgãos de justiça (2010-2014)

Abstract

This dissertation analyzed the negotiations implemented in the judicial and extrajudicial scope, having as object the right to education in the municipality of Feira de Santana-BA, during the years 2010 to 2014. It is an investigation of a social nature, with a qualitative approach, based on document analysis (CELLARD, 2012), with the following proposition as the guiding question: What demands related to education were presented by the Public Defender of the State of Bahia and the Public Ministry of the State of Bahia and what consequences did they generate for the protection of this right in the public basic education network submitted to the municipal education system of Feira de Santana, in the period from 2010 to 2014? The sources that subsidize the study were public documents and judicial processes, in order to characterize and analyze the work of the Public Ministry and the Public Defender's Office in the demands related to the protection of this right in the municipal system and the procedures carried out by these bodies to ensure the fundamental right. to education, when requested by students or their guardians, as well as by representatives constituted based on current legislation. The study adopted an understanding of the fundamental right beyond the definitions based on formal criteria, but which understood the note of fundamentality that exists in this right and its effectiveness in the face of the constitutional text (SARLET, 2008), since the right to education was conceived as an instrument of social transformation (CAVAILERI FILHO, 2002) and the result of struggles implemented by Brazilian society over the years (SAVIANI, 2019). The data revealed the Public Prosecutor's Office as an instrument for the realization of this right, through the adoption of extrajudicial measures for conflict resolution, while the judicial sphere was used to meet the interests of businessmen who provide or provided services to the bodies responsible for the management of public education. municipal. The examined documents allowed us to observe that the Municipal Department of Education, although responding to the requests made by the Public Ministry, did not always present a satisfactory solution, and the issues faced in the period were not reversed in coordinated actions of public educational policies, being the agenda of new claims. in the years that followed.