A criança de cinco anos no ensino fundamental de nove anos: percepção de pais, diretores e juízes

Abstract

This research analyses the anticipation of childs education through the demand for Writs of Security to ensure the childs enrollment while implementing the nine-year-long elementary school. The Judiciary is called upon to settle the issue of the enrollment age from regulations that established a limit date. The aim was to understand the perceptions and conceptions of those involved parents/guardians, school principals and judges who were selected due to their experience in the enrollment of children through Writs of Security. The analysis framework included mainly Sociology of Childhood, but also contemplated the following authors: from Sociology of Childhood, Sarmento (2002, 2004, 2005a, 2005b, 2007, 2008), Alanen (2010), Qvortrup (2011), Mollo-Bouvier (2005), Corsaro (2011), Plaisance (2000, 2004) and Kramer (2007); from History of Childhood, Ariès (1981), Heywood (2004) and Kuhlmann Júnior (1998); from Sociology of Family and Education, Perrenoud (1978), Dubet and Martucelli (1996), Zanten (1996), Nogueira (1997, 2005, 2010); from Educational Public Policy, Vilarinho (2001) and Cury (2002, 2006); and from the Judicialization of Education, Meirelles (2001), Cury and Ferreira (2009, 2010) and Silveira (2010, 2011). The methodology consisted in documental research of institutions laws that regulate education in the country and in the states, in the jurisprudence, in the Direct Constitutionality Action n.17, and in the Public-interest Civil Actions proposed by the Federal Public Ministry against the Federal Government, which aimed the suspension of the Resolutions CNE/CEB n. 01 and 06, both from 2010. A demand survey in the Judiciary was conducted in three areas: we looked for the number of Writs of Security in four private schools, managed by private institutions, in the city of Poços de Caldas/MG, for the court rulings in the state of Minas Gerais and for the processes of Public-interest Civil Actions. Semi-structured interviews were also conducted with parents, school principals and judges, in a total of twenty-three testimonials. The Writs of Security in jurisprudence to anticipate the child enrollment in school regardless of the limit date intended to guarantee a right, while the Public-interest Civil Actions caused changes that defined the content of the regulation that assorts the education systems, depriving it of its decision-making powers. The divergence between the postulates of the two powers the educational and the judiciary has fallen into the duality between the general and the particular, the global and the specific. In the Judiciarys point-of-view, the child has prevailed as an individual, while the establishment of rules by the competent bodies attends all children. There was also a constant state of tension in the education of young children: a worry to preserve childhood and at the same time to capacitate the child. Parents, mostly middle class, have used the Writs of Security, among other things, as a strategy to anticipate children education with economic motivations competition in the forthcoming labor market as well as financial ones avoiding paying one extra year of education. It is necessary to review the public educational policies that have had the effect of anticipating the elementary school with the enrollment of many children with five years of age after the beginning of the school year and that have contributed to decrease the time of the contemporary childhood education.