Clipping of news on Brazilian Culture, Law and Citizenship
03/29/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Decision of the municipal benefits children. Hall says that demand is low and will appeal
The Court of São Paulo (TJ-SP) determined on appeal that the city hold open day care centers and preschools throughout the year without closing for vacation. The decision is the Special Chamber and the judge's ruling keeps Antonio Carlos Alves Braga Júnior of the Childhood and Youth.
The lawsuit filed by Public Defender argues that child care and preschool education is essential because, besides the pedagogical nature, has the nature of care and can not be stopped. "This service has a hybrid character, it serves the children, who find these sites a safe environment that enables them to develop their cognitive activities, and serves also to parents who have the appropriate places where their children while they still get income for their livelihood "said public defender Bruno Napolitano, who works in the case.
The city said it would appeal the decision. According to a statement on the subject, the department advises that adopts duty holiday in childcare since 2008 and always recorded little movement in this period. In January this year, for example, were offered to the population 7700 vacancies. The average daily attendance, however, was 450 children. Besides being the time they are made, the maintenance and dedetizações units, is the period for the granting of leave for most employees, which facilitates the organization throughout the school year.
Historical
The public civil action was first proposed in December 2007 working in São Miguel Paulista. In action, they argued that the closure of daycare violates the Federal Constitution and current legislation, for the character of social assistance to children and their families characterizes the service as essential, which makes continuous and uninterrupted.
Judge Antonio Carlos Alves Braga Junior, in his ruling, upheld the arguments of the Ombudsman and said that the adoption by the council's system of "duty" also features service interruption in service provision can not be admitted. According to him, "it is unreasonable to assume that only 41 nurseries across the city are able to meet almost 150 000 children who use this service when normally 1,124 nurseries providing the service."
In February 2011, the Public Defender obtained in the second instance decision of the TJ-SP which determined the opening of kindergartens and preschools municipal city all year round. However, the judgment was set aside as a stakeholder in the action had not been subpoenaed.
In November 2010, the TJ-SP also confirmed the sentence of the first degree in the opening of kindergartens and preschools throughout the year, without interruption, in Jundiai. In action, the advocates argued, among other reasons, not the opening of day care would endanger the children, who are often cared for by older siblings or who do not have the necessary preparation for this task.
Contrary Opinion
An opinion of the National Council of Education directs the day care institutions throughout the country not to provide care during the holidays. According to the opinion, which was unanimously approved, nurseries should not be seen as welfare units, but educational. The document, issued in July last year, has not yet been approved by the Ministry of Education.
Source: MSN News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.