Idade Mínima da Educação Infantil (Com Exemplo)

128
795

Art. 208. O dever do Estado com a educação será efetivado mediante a garantia de:

IV – Educação infantil, em creche e pré-escola, às crianças até 5 (cinco) anos de idade.

§ 2º Os Municípios atuarão prioritariamente no ensino fundamental e na educação infantil.  

QUESTÃO CERTA:  André e Joana realizaram a pré-matrícula do filho Pedro, de três anos de idade, em creche da secretaria de educação municipal. Após meses de espera, Joana, não tendo recebido resposta a respeito da vaga na creche, procurou auxílio da Defensoria Pública, a qual oficiou a creche, solicitando que a instituição efetuasse a matrícula da criança. Em resposta, o diretor da creche informou não haver vaga disponível; que a pré-matrícula havia sido feita junto à secretaria de educação; que o secretário o havia delegado competente para efetivar as matrículas; e, por fim, que Pedro não poderia ser matriculado — mesmo que houvesse vaga — porquanto deveria ter quatro anos completos até o dia 31 de março do ano em que ocorrer a matrícula para o ingresso na pré-escola, conforme norma do Ministério da Educação. A Defensoria Pública impetrou mandado de segurança contra a autoridade delegante, visando impugnar o ato não concessivo da matrícula de Pedro. Com referência a essa situação hipotética, julgue o item que se segue, tendo em vista o entendimento do STF e considerando que a competência do secretário não é exclusiva. A exigência de idade mínima de quatro anos para ingresso na educação infantil bem como a fixação da data limite de 31 de março para que a idade esteja completa são constitucionais.

São constitucionais a exigência de idade mínima de quatro e seis anos para ingresso, respectivamente, na educação infantil e no ensino fundamental, bem como a fixação da data limite de 31 de março para que referidas idades estejam completas. Com base nesse entendimento, o Plenário, em julgamento conjunto e por maioria, julgou procedente ação declaratória de constitucionalidade e improcedente arguição de descumprimento de preceito fundamental, que discutiam a validade de exigências previstas na Lei de Diretrizes e Bases da Educação Nacional (…) e em resoluções do Conselho Nacional de Educação (…) Quanto à ADC, o Colegiado concluiu que os artigos 24, II, 31 e 32, “caput” , da Lei 9.394/1996 -que estabelece as diretrizes e bases da educação nacional não conflitam com os dispositivos constitucionais que regulam o tema. Fixou a seguinte tese: é constitucional a exigência de seis anos de idade para o ingresso no ensino fundamental, cabendo ao Ministério da Educação a definição do momento em que o aluno deverá preencher o critério etário. No que se refere à ADPF, o Tribunal também reputou constitucionais os artigos 2º e 3º da Resolução 1/2010 e os artigos 2º, 3º e 4º da Resolução 6/2010, ambas da Câmara de Educação Básica do Conselho Nacional de Educação, as quais definem as diretrizes operacionais para a implantação do ensino fundamental com duração de nove anos e para a matrícula no ensino fundamental e na educação infantil, respectivamente. Ademais, entendeu que as resoluções impugnadas não violam os princípios da isonomia, da proporcionalidade e do acesso à educação, ao estabelecerem um critério único e objetivo para o ingresso nas séries iniciais da educação infantil e do ensino fundamental da criança que tenha, respectivamente, quatro e seis anos de idade completos até o dia 31 de março do ano em que ocorrer a matrícula.” [ADPF 292 e ADC 17, rel. p/ ac. min. Roberto Barroso, j. 1°-8-2018, informativo 909].

Advertisement

Sobre o tema, é importante saber que o Procurador-Geral da República ajuizou uma ADPF 292 contra essas duas Resoluções da Câmara de Educação Básica do Conselho Nacional de Educação (CNE) pedindo que elas fossem declaradas inconstitucionais. Segundo o autor, essas Resoluções burlam o comando constitucional que, como visto, determina a oferta da educação básica obrigatória e gratuita dos 4 aos 17 anos de idade, prevista no art. 208, I, da Constituição Federal. O PGR alegou também que as crianças nascidas depois de 31 de março têm tratamento discriminatório, pois só poderão ingressar no ensino infantil com 5 anos, retardando também a entrada no ensino fundamental.

O STF considerou que a Resolução 1/2010 e a Resolução 6/2010, ambas da Câmara de Educação Básica do Conselho Nacional de Educação (CNE), não violam os princípios da isonomia, da proporcionalidade e do acesso à educação, ao estabelecerem um critério único e objetivo para o ingresso nas séries iniciais da educação infantil e do ensino fundamental da criança que tenha, respectivamente, 4 e 6 anos de idade completos até o dia 31 de março do ano em que ocorrer a matrícula. 

O importante é que seja assegurado ao aluno entre 4 e 17 anos o acesso à educação, de acordo com a sua capacidade. A faixa etária não é estabelecida entre as etapas do sistema de ensino. Desse modo, a regulamentação questionada, relativa à transição entre as etapas de ensino, está em conformidade com o art. 208, I e IV, da Constituição Federal. 

Cabe ao Poder Público desenhar as políticas educacionais, respeitadas as balizas constitucionais. O critério etário, apesar de não ser a única solução constitucionalmente possível, insere-se no espaço de conformação do administrador, sobretudo em razão da “expertise” do CNE e da ampla participação técnica e social no processo de edição das resoluções, em respeito à gestão democrática do ensino público (art. 206, VI, da CF/88). 

São constitucionais a exigência deidade mínima de QUARTO e SEIS ANOS para ingresso, respectivamente, na educação INFANTIL e no ensino FUNDAMENTAL, bem como a fixação da data limite de 31 de março para que referidas idades estejam completas. STF. Plenário. ADPF 292/DF, Rel. Min. Luiz Fux, julgado em 1º/8/2018 (Info 909).

É constitucional a exigência de 6 (seis) anos de idade para o ingresso no ensino fundamental, cabendo ao Ministério da Educação (MEC) a definição do momento em que o aluno deverá preencher o critério etário”. STF. Plenário. ADC 17/DF, Rel. Min. Edson Fachin, red. p/ o ac. Min. Roberto Barroso, jugado em 1º/8/2018 (Info 909).

128 COMENTÁRIOS

  1. naturally like your web-site but you have to check the spelling on quite a few of your posts. A number of them are rife with spelling problems and I to find it very bothersome to inform the reality then again I will definitely come back again.

  2. Pretty section of content. I just stumbled upon your site and in accession capital
    to assert that I get actually enjoyed account your blog posts.

    Anyway I will be subscribing to your feeds and even I achievement you access consistently quickly.

  3. Thanks for your helpful article. One other problem is that mesothelioma cancer is generally a result of the inhalation of material from asbestos fiber, which is a dangerous material. It really is commonly found among employees in the structure industry who definitely have long exposure to asbestos. It is also caused by moving into asbestos insulated buildings for some time of time, Genetics plays a crucial role, and some people are more vulnerable to the risk compared to others.

  4. It is indeed my belief that mesothelioma is definitely the most fatal cancer. It contains unusual characteristics. The more I look at it the greater I am convinced it does not respond like a true solid tissues cancer. In the event mesothelioma is a rogue viral infection, then there is the chance of developing a vaccine and also offering vaccination for asbestos exposed people who are vulnerable to high risk of developing foreseeable future asbestos associated malignancies. Thanks for giving your ideas on this important ailment.

  5. What i don’t understood is in truth how you’re now not really much more neatly-appreciated than you may be right now. You’re so intelligent. You recognize therefore considerably with regards to this matter, produced me individually imagine it from numerous numerous angles. Its like women and men aren’t fascinated until it is something to accomplish with Lady gaga! Your individual stuffs nice. At all times handle it up!

  6. We are a group of volunteers and starting a new scheme in our community. Your web site offered us with valuable info to work on. You have done a formidable job and our entire community will be thankful to you.

  7. Thanks for your publication on the travel industry. I would also like to add that if you are a senior taking into consideration traveling, it truly is absolutely crucial to buy travel insurance for retirees. When traveling, seniors are at high risk being in need of a health-related emergency. Receiving the right insurance plan package for one’s age group can look after your health and provide you with peace of mind.

  8. Excellent post. I was checking continuously this blog and I’m impressed! Extremely helpful information specifically the last part 🙂 I care for such information a lot. I was seeking this particular information for a very long time. Thank you and best of luck.

  9. I have seen plenty of useful points on your website about pc’s. However, I have the impression that notebook computers are still less than powerful adequately to be a good option if you generally do tasks that require a great deal of power, for instance video modifying. But for website surfing, microsoft word processing, and the majority of other typical computer functions they are okay, provided you do not mind small screen size. Many thanks for sharing your thinking.

  10. Today, taking into consideration the fast way of life that everyone leads, credit cards have a huge demand throughout the market. Persons from every area of life are using the credit card and people who not using the credit cards have lined up to apply for one in particular. Thanks for expressing your ideas on credit cards.

  11. A different issue is really that video gaming became one of the all-time largest forms of excitement for people of any age. Kids enjoy video games, and also adults do, too. Your XBox 360 is just about the favorite video games systems for people who love to have a huge variety of video games available to them, in addition to who like to experiment with live with other folks all over the world. Thanks for sharing your thinking.

  12. Thanks for this article. I might also like to say that it can often be hard if you find yourself in school and merely starting out to initiate a long credit rating. There are many individuals who are just trying to make it and have a good or favourable credit history are often a difficult matter to have.

  13. I do accept as true with all of the ideas you have introduced on your post. They’re really convincing and can certainly work. Nonetheless, the posts are too brief for novices. May just you please extend them a bit from subsequent time? Thanks for the post.

  14. Along with every thing which appears to be developing throughout this specific area, all your opinions happen to be relatively radical. Nonetheless, I appologize, because I do not subscribe to your whole theory, all be it exhilarating none the less. It looks to us that your commentary are generally not entirely rationalized and in simple fact you are your self not even fully confident of the argument. In any case I did enjoy looking at it.

  15. I’ve come across that currently, more and more people are being attracted to camcorders and the issue of picture taking. However, being a photographer, you have to first devote so much time frame deciding which model of digicam to buy plus moving store to store just so you might buy the most inexpensive camera of the trademark you have decided to decide on. But it doesn’t end at this time there. You also have to take into consideration whether you can purchase a digital photographic camera extended warranty. Thanks alot : ) for the good guidelines I gained from your website.

  16. Have you ever considered about including a little bit more than just your articles? I mean, what you say is valuable and all. Nevertheless think about if you added some great photos or videos to give your posts more, “pop”! Your content is excellent but with pics and video clips, this blog could definitely be one of the most beneficial in its niche. Terrific blog!

  17. Hello there! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My web site looks weird when browsing from my apple iphone. I’m trying to find a theme or plugin that might be able to resolve this problem. If you have any recommendations, please share. Cheers!

  18. http://www.spotnewstrend.com is a trusted latest USA News and global news trend provider. Spotnewstrend.com website provides latest insights to new trends and worldwide events. So keep visiting our website for USA News, World News, Financial News, Business News, Entertainment News, Celebrity News, Sport News, NBA News, NFL News, Health News, Nature News, Technology News, Travel News.

  19. Hi! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains. If you know of any please share. Appreciate it!

  20. With havin so much written content do you ever run into any problems of plagorism or copyright violation? My site has a lot of exclusive content I’ve either created myself or outsourced but it seems a lot of it is popping it up all over the internet without my permission. Do you know any solutions to help reduce content from being stolen? I’d really appreciate it.

  21. An impressive share, I just given this onto a colleague who was doing a bit evaluation on this. And he in actual fact bought me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to debate this, I feel strongly about it and love reading extra on this topic. If attainable, as you turn out to be experience, would you thoughts updating your weblog with more particulars? It is extremely helpful for me. Massive thumb up for this blog publish!

  22. Hello just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same outcome.

  23. The other day, while I was at work, my cousin stole my apple ipad and tested to see if it can survive a forty foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is completely off topic but I had to share it with someone!

  24. I’ve learned result-oriented things from the blog post. One more thing to I have discovered is that typically, FSBO sellers will probably reject you. Remember, they can prefer to never use your products and services. But if anyone maintain a steady, professional connection, offering guide and remaining in contact for four to five weeks, you will usually be capable to win interviews. From there, a listing follows. Thanks

  25. Hi there! This is my first visit to your blog! We are a group of volunteers and starting a new project in a community in the same niche. Your blog provided us valuable information to work on. You have done a extraordinary job!

  26. Just want to say your article is as astounding. The clarity in your post is simply excellent and i can assume you are an expert on this subject. Fine with your permission allow me to grab your feed to keep updated with forthcoming post. Thanks a million and please carry on the rewarding work.

  27. Thanks for sharing superb informations. Your website is very cool. I am impressed by the details that you have on this web site. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found just the information I already searched all over the place and simply could not come across. What a great site.

  28. When I initially commented I clicked the -Notify me when new comments are added- checkbox and now every time a remark is added I get 4 emails with the identical comment. Is there any means you possibly can remove me from that service? Thanks!

  29. I’ve observed that in the world of today, video games are classified as the latest rage with children of all ages. Periodically it may be unattainable to drag the kids away from the games. If you want the very best of both worlds, there are various educational activities for kids. Great post.

  30. Good blog post. The things i would like to make contributions about is that laptop or computer memory is required to be purchased but if your computer cannot cope with that which you do with it. One can deploy two RAM boards of 1GB each, for instance, but not certainly one of 1GB and one of 2GB. One should make sure the maker’s documentation for the PC to be sure what type of ram is necessary.

  31. I learned more something totally new on this weight loss issue. One particular issue is that good nutrition is extremely vital if dieting. A huge reduction in junk food, sugary food items, fried foods, sweet foods, pork, and bright flour products could be necessary. Keeping wastes parasitic organisms, and wastes may prevent aims for fat-loss. While a number of drugs momentarily solve the condition, the terrible side effects are usually not worth it, and in addition they never provide more than a short-term solution. This is a known undeniable fact that 95 of celebrity diets fail. Many thanks for sharing your ideas on this weblog.

  32. This is the perfect blog for anybody who really wants to understand this topic. You understand so much its almost hard to argue with you (not that I personally will need to…HaHa). You definitely put a fresh spin on a topic that has been written about for ages. Great stuff, just wonderful.

  33. You actually make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  34. Thanks for these pointers. One thing I additionally believe is that often credit cards providing a 0 monthly interest often appeal to consumers in with zero monthly interest, instant acceptance and easy on the net balance transfers, but beware of the number one factor that will certainly void that 0 easy streets annual percentage rate and to throw you out into the terrible house in no time.

  35. I was curious if you ever thought of changing the page layout of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 images. Maybe you could space it out better?

  36. Hi there! This blog post couldn’t be written much better! Going through this article reminds me of my previous roommate! He continually kept preaching about this. I am going to forward this information to him. Pretty sure he will have a very good read. I appreciate you for sharing!

  37. I will also like to convey that most individuals that find themselves devoid of health insurance can be students, self-employed and people who are without a job. More than half of the uninsured are really under the age of 35. They do not feel they are wanting health insurance since they are young along with healthy. Their own income is frequently spent on housing, food, and also entertainment. Many individuals that do represent the working class either entire or part-time are not provided insurance via their work so they head out without as a result of rising valuation on health insurance in the country. Thanks for the concepts you reveal through your blog.

  38. Hello! I could have sworn I’ve been to this blog before but after going through many of the articles I realized it’s new to me. Nonetheless, I’m definitely delighted I stumbled upon it and I’ll be bookmarking it and checking back frequently!

  39. I’m in awe of the author’s talent to make complicated concepts understandable to readers of all backgrounds. This article is a testament to his expertise and commitment to providing useful insights. Thank you, author, for creating such an compelling and insightful piece. It has been an absolute pleasure to read!

  40. Hi, I do believe this is an excellent web site. I stumbledupon it 😉 I will return once again since i have book marked it. Money and freedom is the greatest way to change, may you be rich and continue to help other people.

  41. I absolutely love your website.. Excellent colors & theme. Did you make this site yourself? Please reply back as I’m trying to create my own website and would love to know where you got this from or exactly what the theme is named. Thanks!

  42. You are so awesome! I don’t think I’ve read through anything like this before. So good to find someone with genuine thoughts on this subject matter. Really.. thank you for starting this up. This site is something that’s needed on the internet, someone with a little originality.

  43. Holy cow! I’m in awe of the author’s writing skills and capability to convey complicated concepts in a clear and concise manner. This article is a real treasure that deserves all the applause it can get. Thank you so much, author, for offering your knowledge and giving us with such a valuable resource. I’m truly appreciative!

  44. Also a thing to mention is that an online business administration study course is designed for scholars to be able to without problems proceed to bachelor’s degree education. The Ninety credit diploma meets the lower bachelor education requirements when you earn your associate of arts in BA online, you should have access to the most recent technologies in this particular field. Some reasons why students want to get their associate degree in business is because they’re interested in the field and want to get the general knowledge necessary before jumping right into a bachelor diploma program. Thx for the tips you provide within your blog.

  45. great issues altogether, you simply gained a new reader. What would you suggest in regards to your put up that you simply made some days ago? Any certain?

  46. Youre so cool! I dont suppose Ive learn something like this before. So nice to seek out somebody with some unique thoughts on this subject. realy thank you for beginning this up. this web site is something that’s wanted on the internet, someone with a little bit originality. helpful job for bringing one thing new to the web!

  47. Thanks for the something totally new you have discovered in your text. One thing I’d prefer to touch upon is that FSBO associations are built over time. By presenting yourself to owners the first few days their FSBO is usually announced, before the masses commence calling on Thursday, you make a good interconnection. By giving them instruments, educational resources, free reviews, and forms, you become an ally. By taking a personal interest in them along with their circumstance, you make a solid interconnection that, many times, pays off when the owners opt with a real estate agent they know plus trust — preferably you.

  48. You’re so awesome! I do not think I’ve read a single thing like this before. So nice to discover someone with some unique thoughts on this issue. Seriously.. thanks for starting this up. This website is one thing that is needed on the internet, someone with a bit of originality.

  49. What i do not realize is actually how you are not really much more well-liked than you may be right now. You’re so intelligent. You realize thus significantly relating to this subject, produced me personally consider it from numerous varied angles. Its like women and men aren’t fascinated unless it?s one thing to do with Lady gaga! Your own stuffs great. Always maintain it up!

  50. Right here is the perfect blog for everyone who really wants to find out about this topic. You know a whole lot its almost tough to argue with you (not that I actually will need to…HaHa). You certainly put a brand new spin on a topic that has been discussed for ages. Wonderful stuff, just excellent.

  51. Howdy! This post couldn’t be written much better! Reading through this post reminds me of my previous roommate! He always kept preaching about this. I’ll send this post to him. Pretty sure he’s going to have a good read. Thanks for sharing!

  52. One thing is one of the most widespread incentives for making use of your credit cards is a cash-back or perhaps rebate provision. Generally, you get 1-5 back in various purchases. Depending on the credit card, you may get 1 again on most expenditures, and 5 back again on acquisitions made using convenience stores, gas stations, grocery stores as well as ‘member merchants’.

  53. This is the right webpage for anybody who wishes to understand this topic. You understand so much its almost tough to argue with you (not that I actually would want to…HaHa). You definitely put a brand new spin on a topic which has been written about for many years. Excellent stuff, just great.

  54. Hiya, I’m really glad I have found this information. Today bloggers publish only about gossips and net and this is really frustrating. A good web site with exciting content, this is what I need. Thank you for keeping this site, I’ll be visiting it. Do you do newsletters? Can not find it.

  55. I’d like to thank you for the efforts you have put in writing this site. I really hope to view the same high-grade blog posts from you in the future as well. In truth, your creative writing abilities has encouraged me to get my very own website now 😉

  56. Thanks for enabling me to attain new suggestions about computers. I also have belief that one of the best ways to maintain your laptop computer in leading condition has been a hard plastic case, or maybe shell, which fits over the top of one’s computer. Most of these protective gear are model distinct since they are made to fit perfectly on the natural outer shell. You can buy all of them directly from the vendor, or through third party sources if they are available for your notebook computer, however its not all laptop can have a covering on the market. Just as before, thanks for your ideas.

DEIXE UMA RESPOSTA

Por favor digite seu comentário!
Por favor, digite seu nome aqui