The right to education for immigrants: analysis of court judicial decisions

• Grant number: 21/05609-0
• Support Opportunities: Scholarships in Brazil - Master
• Effective date (Start): April 01, 2022
• Effective date (End): March 31, 2024
• Field of knowledge: Humanities - Education
• Principal Investigator: Luis Renato Vedovato
• Grantee: Ana Clara Fossaluza Vidal Mina
• Host Institution: Faculdade de Educação (FE). Universidade Estadual de Campinas (UNICAMP). Campinas , SP, Brazil

Abstract

The migratory processes in Brazil intensified in the last decades. It caused social, economic and cultural changes, as well as modifications in the country's legislation regarding the rights of migrants. The Statute of the Foreigner, promulgated in 1980, established the rights of foreigners with effectiveness restricted to previously established norms and guidelines, so that the country's interest and national security would be protected; this rule was in contradiction with the Federal Constitution of 1988. The Migration Law was promulgated only in 2017. This law protected and guaranteed the rights of migrants, in line with the Federal Constitution and normative human rights documents. According to current legislation, fundamental rights must be guaranteed to all migrants, including immigrants. Based on the assumption that immigrants have fundamental rights, including the right to education, the present work aims to analyze judicial decisions of the Courts that deal with the right to education of immigrants in the state of São Paulo. It seeks to answer how the courts are deciding on the issue when the dispute goes to the judicial procedures and if there is consistency between the decisions. The research adopts the qualitative approach and the methodological procedures will be: bibliographic research, documentary research of the legislation that provides for the law of immigrants, as well as jurisprudential research on the websites from the Court of Justice from the State of São Paulo (TJ-SP), Superior Court of São Paulo. Justice (STJ) and Federal Supreme Court (STF) from 1998 to 2020. (AU)