JUDICIALIZATION OF EDUCATION: SOCIAL AND JURISPRUDENTIAL REALITY

Authors

• Carina Deolinda da Silva Lopes
• Franceli Grigoletto Bianquin Papalia

Abstract

The research intends to analyze the judicialization of education, from the point of view of the interference of Law in the issues related to the school, addressing some concepts of Foucault. The intention is to analyze possibilities to investigate where the theoretical contributions of Foucault can be used for the development and protection of rights, given the habitual interference of the judiciary with the educational institutions, as well as to analyze the current position of the school in the context in which it appears the need for the implementation of public policies by the judiciary. In the article, the inductive and the bibliographical and jurisprudential research were used. The research to be developed delimits, therefore, to study the judicialization of education, when the possibilities of application and implementation of the norms and laws of law in compliance with the issue of the discipline of bodies and the current social educational reality. It is important to delimit the present theme and to establish that the present analysis is based on an analysis of the social context to which we are inserted, as well as on the forms of conflict resolution of real cases taken from the repositories of the higher Courts to which they live the reality of education in the present day, as far as the issues presented are concerned.