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This research purpose is to analyze the right to education in Brazil and the US, seeking to understand the role of courts in promoting educational reforms. This study investigates two selected cases, New York, U.S., and São Paulo, Brazil, to understand the context and the content of Courts decisions and its effects in educational policies. The research employs a qualitative and comparative approach. In the New York case, this research investigates the lawsuits for meaningful educational opportunity by adequate funding. And in São Paulo the lawsuits that claim for expanding early childhood education. In both cases observe changes in the decision-making pattern of the Courts of Justice, producing alterations in the educational policy from this process.