O direito fundamental à educação infantil : um estudo sobre a legalidade das listas de espera.

Abstract

The monograph studies the legality of the waiting lists for children's access to public child education in the law and in the jurisprudence of the Court of Justice of the state of Rio Grande do Sul, considering that education is a fundamental social right, being the duty of State to ensure the children and adolescents with absolute priority. The problem faced is: Is it legal to wait on a waiting list for access to public child education? The method of approach is the deductive and procedure method is the monographic, with bibliographic and documentary research techniques. Concluding, in analysis of the history of the right to children's education in Brazil, the provisions of the Federal Constitution, the Statute of the Child and adolescent and other infra laws, in the light of the theory of Integral protection, of the positions of the ministry Public of Rio Grande do Sul and the Court of Justice of Rio Grande do Sul for illegality need to wait on a waiting list for access to public children's education.