A reconfiguração do direito constitucional e a ingerência privatista na educação infantil

Abstract

The Federal Constitution of 1988 guarantees the right and the access of small children to child education through positive actions in the Brazilian State. The latter, however, has been omissive regarding the effectiveness of these benefits, since the public access policies come across a state structure that impairs the enforcement of the law because it’s founded in the preservation of systemic inequalities and in the limits imposed by the capital. From this perspective, the objective of this thesis is to analyze the pieces of evidence and characteristics of the omission by the State regarding this object of a constitutional right. The methodological path goes through the horizon of the criticism, with theoretical orientation guided by historical-criticism pedagogy. Such orientation allows the use of a relational approach between theorizations, politics, and practices, in other words, between thought and reality. The arguments pointed out in the historical contexts and the theoretical-methodological assumptions (analytics approach), of the legislation and public politics (normative approach), with the particular exam of the evolution of vacancies in Palmas, the capital of the youngest state of the Brazilian federation, Tocantins (practical approach), which implementation happened concomitantly with the Federal Constitution, granted the ideation of dialectical pairs, namely – the emancipation and marginality, education as a social right and reconfiguration of the right, access and exclusion, duty of the democratic State and neoliberalism, minimum existential and possible reserve for contingencies, legislation, and public policies, and democratization and privatization. These opposed pairs allow the analysis and the defense of the thesis of the structural omission by the State against the right of small children to education, which results in the disfiguration itself of the right. Although the gradual increase in public registrations in Palmas from 1993, access isn’t guaranteed to all children, because, even though there’s a populational data loophole due to the absence of the Census of 2020, it’s possible to affirm that at least ten thousand children (until the age of four) haven’t registered because the number of vacancies is insufficient. Furthermore, the privatization process of public vacancies, as in other capitals, has been echoing in Palmas, through public-private partnerships. Therefore, the omission of the structural nature of the State with the education of small children is emphasized in the reconfiguration of the right, characterized, especially, by the negligence of fully fulfilling