O direito à educação e a omissão estatal: estudo das Ações Civis Públicas da Promotoria de Defesa da Educação de Macapá-Amapá

Abstract

This is a documentary study with a qualitative approach that analyzes the denial of the right to education and state omission in the municipality of Macapá, in the state of Amapá, based on the examination of three Public Civil Actions filed by the Office of the Prosecutor for the Defense of Education. The research corpus comprises the full records of these judicial proceedings, involving 473 students, 29 of whom were Persons with Disabilities (PwD). Data analysis was conducted using the Content Analysis technique, which made it possible to organize the empirical material into analytical categories related to minutes, petitions, defenses, and judicial decisions. The results reveal the persistence of structural deficiencies in the public education system, expressed mainly through school overcrowding, the insufficient availability of places in Early Childhood Education and in the initial years of Elementary Education—with greater incidence in peripheral neighborhoods—the precariousness or absence of school transportation, and the failure to provide specialized educational services for Persons with Disabilities. The analysis of the proceedings indicates that state responses have been largely limited to isolated measures, perpetuating the repeated denial of the same rights, which reveals a structural omission in the prioritization of educational policies. This scenario is further aggravated by the frequent resistance of the justice system to recognize the urgency of the demands, even when formally prompted, in dissonance with the principle of absolute priority ensured by the Statute of the Child and Adolescent.