It is an interdisciplinary research in the area of Education, Law and Public Policy, whose general objective is to analyze the performance of the Judicial Branch of the state of Pará in the first instance based on the legal protection of the right to basic public education. Such a study is justified because of the way education was received in the Federal Constitution of 1988 and that meant a great gain for the achievements of social rights, due to the legal support that before had no instruments of enforceability. At this moment, the Judiciary has a new relationship with education, and through judicial decisions can intervene significantly in educational matters, aiming at its guarantee and effectiveness. In order to achieve the objectives, public policy analysis was used as mediator of the interdisciplinary dialogue of the work, a bibliographical research was done for the theoretical foundation of the study, consolidating the dialogue between the sciences, using as instrument of data collection the analysis documentary. Legal hermeneutics was used with the zetestic interpretation of the legal texts in opposition to the dogmatic interpretation. Data collection was carried out at the procedural follow - up consultation of the Court of Justice of the State of Pará - TJPA and in the Federal Regional Court of the 1st Region Judicial Branch of the State of Pará. For the analysis of the data and systematization of the selected judicial actions, in the categories of access, permanence to basic education; state responsibility; administrative and political decisions, according to content analysis. It was found that even the state of Pará presenting an educational framework of multiple deficiencies, the phenomenon of the judicialization of education is not expressive, the actions aim at compliance with rights, not the evaluation of public policy.
|
