Creches particulares pagas pelo município de Tubarão, uma análise à luz da Teoria do Mínimo Existencial: a concretização do Direito Fundamental à Educação

• Autor(a) principal: Moraes, Caroline Nunes
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15532
• topic: Direito à Educação; Mínimo Existencial; Direitos Fundamentais

The present work has, as a general objective, to analyze the realization of the Fundamental Right to education, through the payment of private crèches to children, in the municipality of Tubarão. For this, an exploratory research was used, as far as the level is concerned. Regarding the approach, qualitative, and in relation to the procedure used for data collection, bibliographic and documentary. Thus, at first, we sought to describe the historical evolution of human rights. In this context, it dealt in particular with themes that are directly related to the origin and definition of the right to education. In the meantime, an exposure was made about the legislative and legal guarantees that protect the right to education, at the constitutional and infraconstitutional level. In addition, there was talk about the legislative and legal guarantees of the right to day care, highlighting the constitutional provision and goals of the PNE. It was conceptualized and discussed also, content referring to the existential Minimum, its origin, definition and, the direct relation with the reserve of the possible and the Principle of the dignity of the human person. It was demonstrated the need to define a minimum level so that fundamental rights are guaranteed, and that for the effective determination of this minimum level, budget support is necessary, that is, a reserve. At the end, it was discussed about the objective of the work, that is, to verify if the measure that hired private daycare centers in the Municipality of Tubarão, was effective in guaranteeing and implementing the fundamental right to education. To this end, the situation of daycare centers was contextualized before the municipal act, bringing problems with infrastructure, lack of vacancies and lack of funds. The need for the creation of new vacancies and what he proposed, the said act, was exposed. Next, it was demonstrated how the accreditation project, its application and the positive impacts of the municipal act emerged. Finally, it was demonstrated how children contemplated with daycare centers had their right to education preserved, making a conjuncture with the Existential Minimum and the municipal act. It is concluded, then, that if there is no budgetary budget, which would allow the municipality to comply with what is determined by the PNE, the municipal act and the accreditation of private teaching units, paid for by the municipality, guaranteed the realization of the right to education.