A judicialização da educação em período pandêmico: casos no supremo tribunal federal

Abstract

This thesis was developed within the scope of the Graduate Program in Education (PPGEdu) at FAED/UFGD, under the research line “Education Policies and Management,” and focuses on the judicialization of education in the Supreme Federal Court (STF) during the Covid-19 pandemic. The 1988 Federal Constitution (CF/88) establishes the right to education as a fundamental social right, ensuring it as a right for all and a duty of the State. Public policies serve as instruments for the realization of individuals' fundamental rights, and their implementation requires the Executive and Legislative branches to define strategies to ensure this effectiveness.The Covid-19 pandemic posed a challenge to various fields of knowledge, particularly education, which, through Ordinance No. 544 of June 16, 2020, established the replacement of in-person classes with digital learning methods. This event generated an academic debate regarding the terminology of “hybrid learning” and “emergency remote learning,” highlighting the complexity and diversity of educational experiences during the pandemic. This discussion reflects the search for precise definitions, which are often shaped by the interpretation and practical application of these educational models.Given this context, the research problem was synthesized as follows: What was the role of the STF in regulating education during the Covid-19 pandemic, considering the implementation of remote or hybrid learning in Brazil? Based on this question, the study described the content and context of the court's decisions, discussed issues related to hybrid and emergency remote learning, identified the actors involved in the judicial proceedings, and examined the legislation issued by the National Education Council (CNE) to regulate education during the Covid-19 pandemic.The general objective was to analyze the judicial decisions of the STF between 2020 and 2022, during the Covid-19 pandemic, in the context of the adoption of hybrid or emergency remote learning. To achieve this, the following specific objectives were established: a) To analyze the judicialization of education and the role of the Supreme Federal Court during the Covid-19 pandemic; b) To map the legislation issued by the National Education Council (CNE) aimed at ensuring the right to education during the pandemic period; c) To identify the key actors and concepts to highlight trends in judicial decisions; and d) To outline the factual arguments presented in the rulings.As a methodology, a qualitative approach with bibliographic research characteristics was employed. Documentary research was conducted on the JusBrasil platform, and the documents were organized according to Cellard’s document analysis criteria, later examined under the historical institutionalism approach. This analysis aims to contribute to the development of educational policies that regulate education in times of crisis and in the post-pandemic context.The study confirms the hypothesis that, during the Covid-19 pandemic, jurisprudential activities and the formulation of national educational guidelines regulated the functioning of educational institutions, establishing the country's legal framework. Although there was no debate regarding the use of hybrid or emergency remote learning, the quality of these modalities, or the deepening of inequalities resulting from their implementation. Amidst a political conflict exacerbated by the Covid-19 health crisis, progress was observed in STF decisions regarding the right to education in four out of eleven analyzed rulings. Some of these decisions even opposed the stance of the Federal Executive branch, such as the requirement of proof of vaccination for university enrollment.Despite the observed advancements, this stance by the STF reinforces its role as the guardian of the Constitution by aligning education with a democratic perspective, ensuring predictability in regulating a Social and Democratic State governed by the Rule of Law, aimed at guaranteeing quality education for all.