The policy of municipalization of elementary school

limits to the control of public policies in education

Authors

DOI:

https://doi.org/10.46818/pge.v5i1.273

Keywords:

Public policy, Education, Elementary school, Municipalization, Technical discretion, Judicial control, Limit

Abstract

This paper presents the historical evolution of the normative treatment of education in Brazilian constitutional history. It points out that the 1988 Constitution, in an unprecedented way, highlighted the autonomy of municipalities for the organization of their own education systems, assigning them, as a matter of priority, the duty to offer basic education. The policy of municipalization of elementary school was reinforced with the edition of the Law of Guidelines and Bases of National Education (Law 9.394/96). Municipalization, however, should be seen as a process of interfederative coordination and cooperation between States and Municipalities. As the formulation and execution of public policies in education is within the scope of the technical discretion of the manager, not only the control that rests on them is limited by the separation of powers, but it should keep deference to the technical-pedagogical criteria chosen, since duly substantiated.

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Author Biography

Patrícia Ferreira Baptista, Universidade do Estado do Rio de Janeiro

Mestre em Direito Público pela Universidade do Estado do Rio de Janeiro (UERJ). Doutora em Direito Público pela Universidade de São Paulo (USP). Professora Associada de Direito Administrativo da Faculdade de Direito da UERJ e do PPGD/UERJ. Procuradora do Estado do Rio de Janeiro. 

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Published

2022-05-04

How to Cite

Ferreira Baptista, P. (2022). The policy of municipalization of elementary school: limits to the control of public policies in education. Revista Eletrônica Da PGE-RJ, 5(1). https://doi.org/10.46818/pge.v5i1.273

Issue

Vol. 5 No. 1 (2022)

Section

Doctrines

License

Copyright (c) 2022 Patrícia Ferreira Baptista

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

By submitting a manuscript, authors agree to the terms of the Copyright Notice. They also authorize Revista Eletrônica da PGE-RJ to publish this manuscript under a Creative Commons Attribution-NonCommercial 4.0 International License and recognize it as a vehicle for its original publication.