The right to education of immigrants: analysis of court decisions

Author(s)

Ana Clara Fossaluza Vidal Mina

• Document type: Master's Dissertation
• Press: Campinas, SP.
• Institution: Universidade Estadual de Campinas (UNICAMP). Faculdade de Educação
• Defense date: 2024-05-08

Examining board members

Luís Renato Vedovato; André de Carvalho Ramos; Rosana Aparecida Baeninger; Luciane Muniz Ribeiro Barbosa

• Advisor: Luís Renato Vedovato

Abstract

Migrating constitutes the human being (Charleaux, 2022) and goes back to the history of humanity. Migrants build relationships, times and spaces in search of a new perspective to live. They are (re)creators of cities (Çaglar; Schiller, 2018) and immigrant children are also protagonists of their migratory projects. The Migration Law (2017) guarantees immigrants' access to justice as well as their right to public education. If there is an omission or violation of the right to education, immigrants have the right to appeal to the Judiciary. Immigrants' right to education involves both access to it and high-quality education. Educational project based on the perspective of critical interculturality, which breaks the hegemonic logic of education systems and recognizes the multiplicities of migrant childhoods. The research aimed to analyze Court decisions that deal with the right to education of immigrants. We sought to answer how the courts are deciding on the issue and whether there is a pattern between the decisions. The research adopted a qualitative approach and the methodological procedures were: bibliographical research, documentary research, as well as jurisprudential research of decisions published on the websites of the Court of Justice of the State of São Paulo (TJ-SP), Superior Court of Justice (STJ) and Federal Supreme Court (STF) from 1998 to 2020. The affirmation of immigrants' rights is recent and is still moving towards its effectiveness. The decisions analyzed indicate that one of the main factors that lead immigrants to appeal to the Judiciary is the inability of a student to enroll in an educational institution due to irregular documentation status. Despite the State of São Paulo being the leader in enrollment of immigrant students, at the state level there is still no specific legislation that guarantees the right to education for immigrants. The specificities of immigrants' right to education require State planning to achieve its full guarantee through the elaboration and monitoring of public policies, without making judicialization the only tool to guarantee rights (AU)

• FAPESP's process: 21/05609-0 - The right to education for immigrants: analysis of court judicial decisions
• Grantee: Ana Clara Fossaluza Vidal Mina
• Support Opportunities: Scholarships in Brazil - Master