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The discussion of the quality of education in the Judiciary: the North American experience of adequacy litigation

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Isabela Rahal de Rezende Pinto
Total Authors: 1
Document type: Doctoral Thesis
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Educação (FE/SBD)
Defense date:
Examining board members:
Romualdo Luiz Portela de Oliveira; Rubens Barbosa de Camargo; Carlos Roberto Jamil Cury; Elisângela Alves da Silva Scaff; Adriana Aparecida Dragone Silveira
Advisor: Romualdo Luiz Portela de Oliveira

This paper explores the discussion of educational quality in the Judiciary, based on the analysis of the North American experience with adequacy litigations, a kind of educational litigation that aims to guarantee an education with at least a minimum level of quality for all children. In order to facilitate the achievement of the proposed objective, a bibliographical and documentary research with a qualitative approach was carried out. The documentary research was carried out based on the analysis of the judicial decisions issued by the Supreme Courts and Courts of Appeal from 1989 to 2014. Through the analysis and interpretation of said judicial decisions, it was identified the definitions of quality of teaching adopted by the Courts of the United States and what steps the country has taken to secure it. In the adequacy litigations analyzed, it was observed that the State Judiciary in the United States adopted different conceptions and ways of identifying the meaning and content of the concept of quality of education and determining possible, necessary and adequate judicial measures to guarantee the right to a quality education established by the Judiciary. This variety is related, among other things, to the political and legal history of each State, its educational and financing system, the role played by the different State Powers and government agencies, the strategies employed by the litigants, the evidence and presented, and especially, it is related to the very polysemy that the term \"quality of education\" involves. It is hoped, therefore, that some of the questions put in the debate about the judicial enforceability of educational quality in Brazil will become clearer and that the research proposed here may enrich the debate on the subject in Brazil. (AU)

FAPESP's process: 14/24768-8 - The discussion about the quality of education in the judiciary: the American experience of the adequacy litigation
Grantee:Isabela Rahal de Rezende Pinto
Support Opportunities: Scholarships in Brazil - Doctorate