New judiciary directions in decisions on public policies

Abstract

This article examines the judicialization of public policies and describes the main theories built about it. It is the result of reflective thoughts, arising from practice at the Children’s Court and at the Special Chamber of the Justice Court of the State of São Paulo, which show it is paramount to share information and experiences for the choice of paths to the effectiveness in jurisdictional services in public policies. The educational themes underlying lawsuits filed against the Public Administration, especially lawsuits filed as a result of a shortage of openings in day care centers, are revisited. The paper shows that although the national legislation regarding the rights of children and teenagers is considered a model all over the world, the fundamental rights connected with the education of children and teenagers in Brazil is far from becoming a reality. The concept of public hearings is explained pointing at the effectiveness of pubic participation in the concrete resolution of conflicts.