The debate over the right to education by the Courts of Justice in Brazil and the US for the expansion of educational opportunities for all

• In Event: Cuestiones de calidad e inclusión en la educación latinoamericana

Abstract

Over the last two decades in Brazil, there has been an increased debate over the right to education and the questioning of educational policies in the Courts of Justice, and various studies are mapping the rulings, analyzing its contents, and studying the performance of the institutions of the justice system. The United States (US) has a long history of education litigation, with the landmark Brown V. Board of Education cases in the 1950s, aimed at combating racial segregation in schools and universities, and the Courts have become an important locus for educational policy-making. This paper consists of a comparative analysis of the debate over the right to education by the Courts of Justice in Brazil and the US, seeking to understand interfaces, considering similarities and differences, between these two contexts of litigation for the expansion of educational opportunities for all. Considering the interdisciplinary field of this paper, a qualitative approach was adopted, using documentary analysis and bibliographic review. Briefly, in Brazil, the plaintiffs are demanding to include groups or individuals in the educational system— when that is prevented by the scarcity of seats or the lack of public transportation— or questioning the design of certain educational policies, its implementation, or the lack of it. In the US scenario, the main issues are not related to enrolling on the educational system, but rather discussing criteria for educational access and equity, in areas such as desegregation, school finance reform, education of students with disabilities and limited proficiency in English.

Author

• Adriana Dragone Silveira, Universidade Federal do Paraná