Educação infantil como direito fundamental à formação da criança: contornos do conteúdo do direito exigível

Abstract

This study aims to understand the meanings contained in the articles of the 1988 Constitution which deal with the Education and in particular of early childhood education Seeks to relate it to how the Brazilian system, by means of educational legislation: National Plan of Education - PNE; National Curriculum Guidelines for Elementary Education, National Guidelines for Quality Early Childhood Education, Law of Guidelines and Bases of National Education Law 9394-96 and others run the policies directed in special Education Children. Similarly in the discussion of this document seeks to translation of the full development of the human person in the texts on Quality in Education. For that examines the treatment of the child, from the perspective of fundamental rights, settling in Child Right to Education as a Right to training Comprehensive Child and contours the content of law required for such purpose. To achieve this part of the idea, especially Immanuel Kant, about the importance of the educational process accompany the child's experience. Thus, education for this bias cannot be merely mechanical and not be based on pure reasoning, considering that in this line the subject happens to be oblivious to their reality. Therefore, education for this parameter will not contribute to overcoming the conditions of heteronomy, so must lean on empirical principles related to the category of sensitive to reach the intelligible laws and / or regulations predispose to the educational. In this contribution we treat about the condition and aspects of the human condition in search of autonomy. This perspective are the defenses of Kant and Paulo Freire, Edgar Morin, Vincent Zatti, Hannah Arendt and others, because for both autonomy occurs just when the citizen follows the universal law that determines its own reason, respecting freedom of each. Continues analyzing the relevant legal provisions and how to Child Education Law articulates the foundations and structure to achieve educational goals qualitative defense of citizenship, the full development of the human person. Finally, even from the perspective of law as giving the contours and content directed at Early Childhood Education the formation of children and the ways that demand them to achieve effective of this teaching modality.