JUDICIALIZATION OF EDUCATIONAL PUBLIC POLICIES RELATING TO COMPULSORY BASIC EDUCATION

Abstract

The present research aims to analyze the implementation of educational public policies related to compulsory basic education by decision of the Judiciary, in face of the omission of the others public powers in its effectiveness. Having proven the inertia of the public powers, it can be accepted, as an exception, the intervention of the Judiciary Power in determining the implementation of the educational public policies with the purpose of assuring the right to education. When it happens, the Judiciary doesn’t violate the separation of powers, it does not offend the administrative discretion and does not tarnish the reserve of the possible, considering that when implementing educational public policies in the face of the inertia of the other powers, particularly the Executive Power, the Judiciary fulfills its constitutional function, guaranteeing the realization of the fundamental rights. The method used is deductive, based on legal, doctrinal and jurisprudential research.