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The obstacles to effective judicial decisions in collective cases involving the judicialization of public policies of childhood education in the municipality of Ribeirão Preto

Grant number: 18/19264-1
Support Opportunities:Scholarships in Brazil - Master
Effective date (Start): March 01, 2019
Effective date (End): October 31, 2020
Field of knowledge:Applied Social Sciences - Law - Public Law
Acordo de Cooperação: Coordination of Improvement of Higher Education Personnel (CAPES)
Principal Investigator:Camilo Zufelato
Grantee:Danieli Rocha Chiuzuli
Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The current project has as a research problem the following question: what have been the obstacles to the effective judicial decisions in collective processes involving the judicialization of public policies in the city of Ribeirão Preto? This issue is based on the awareness of both the doctrine and the CNJ's Proposal Analytical Report (2018) regarding the difficulty in making these decisions effective in collective proceedings. The matter also connects to the identification by the magistrates interviewed in the report that the judiciary does not have a proper structure implementation of these decisions. In addition, in informal exploratory research, it was possible to identify that the public policies of childhood education in the municipality, especially to obtain places in day-care centers, are a historical problem, in which several judicial strategies have already been carried out, without, however, a definition in terms of local public policies.Thus, the objectives of the research may be divided in general and specifics. The general objective is to analyze the procedural and structural means by which the implementation of public policies in collective processes is determined in order to identify and name obstacles to the implementation of these decisions. The specific objectives are responsible for the operationalization of the general one and can be divided into three, namely: a) To carry out a survey and to analyze, according to the methodological aspects, important cases involving the theme in the municipality of Ribeirão Preto, in order to establish a safe analysis space for selection of the material; b) Establish the context in which the phenomenon is inserted in order to understand it in a more complete way, inserted in the local reality and with its historicity and organicity; and c) Construct a critical-reflective repertoire from the empirical data in order to design new analytical categories for the research problem.In methodological terms, this is an empirical type qualitative research in a case study format, with the collection of procedural documents, more specifically public civil actions relevant to the topic. Therefore, it is essential to define the layers of this study, namely: the context, the case itself and the units of analysis. As a way of analyzing the results, the research will initially have the strategies of data collection and analysis of content.

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Academic Publications
(References retrieved automatically from State of São Paulo Research Institutions)
CHIUZULI, Danieli Rocha. Effects of the judicialization of early childhood education: an analysis from the context of the Municipality of Ribeirão Preto - SP. 2020. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito de Ribeirão Preto (FDRP) Ribeirão Preto.

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