JUDICIALIZAÇÃO DA EDUCAÇÃO ESPECIAL: INCLUSÃO ESCOLAR NA REDE REGULAR DE ENSINO EM UM MUNICÍPIO DE MATO GROSSO DO SUL

• Autor(a) principal: de Holanda Vieira MELO, Charyze
• Data de Publicação: 2023
• Outros Autores: de Carvalho Magalhães KASSAR, Mônica
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Diálogos e Perspectivas em Educação Especial (Online)
• Texto Completo: https://revistas.marilia.unesp.br/index.php/dialogoseperspectivas/article/view/14889
• topic: Special education; Judicialization; Inclusion; Educação Especial; Judicialização; Inclusão

The specialized literature records the growth of judicialization processes in the field of education. Given this panorama, this article reports a research whose objective was to investigate the judicialization of Special Education in a municipality at the State of Mato Grosso do Sul, based on the applicability of students' rights for their regular inclusion in education. The research has an analytical and explanatory character and was carried out through bibliographical and documentary research. Judicial decisions handed down in the municipality from 2009 to 2020 were analyzed. It was found that, despite the existence of several judicial decisions within the time frame, only three cases of request for intervention by the Judiciary Power were recorded. It was observed that, based on legal arguments, what really mattered for the intervention or not of the Judiciary was the verification of access to specialized educational assistance for the child, regardless of whether it was in the public or private network. It was concluded that, in the investigated period, there was a low level of judicialization regarding the inclusion of the Special Education Target Public and that the institutional offer of some form of specialized educational assistance was recognized, by the courts, as a service provided.