A JUDICIALIZAÇÃO DAS POLÍTICAS PÚBLICAS VOLTADAS À EDUCAÇÃO BÁSICA NO ESTADO DE GOIÁS CONFORME PREVISÃO DA LEI COMPLEMENTAR Nº 26/98 E SEUS PRINCIPAIS EFEITOS À LUZ DO DIREITO CONSTITUCIONAL ECONÔMICO

Abstract

This paper analyzes the relationship between state omission and the phenomenon of Judicialization of Public Educational Policies in the State of Goiás. Based on an institutional approach to fundamental social rights, specifically focused on the right to basic education in the state of Goiás and its effectiveness, investigates what has been the position of the State Judiciary when provoked to decide on requests arising from unconstitutional omissions. Based on the study of its judicial precedents, it argues that the Judiciary has made substantial changes through its recent decisions, insofar as it recognizes itself as a legitimate organ for advancing the political system when it neglects its duty to legislate. In this context, it was essential to carry out an approach on the economic effects generated from these repeated judicial decisions, in the search for the realization of the right to education, in the light of the Constitutional Economic Law from the perspective of the Economic Analysis of the Law and Theory of the Costs of Law. Finally, Hand's formula is presented as a possibility of intervention to solve the central question of the research. Such an approach is in line with what is projected in the line of research “Economic Development and Constitutional Principles of the Economic Order”, in the terms in which access to education is being guided as an effective instrument for the reduction of regional and social inequalities, as well as it is essential for success in the pursuit of full employment. Both principles are anchored in Title VII, Of the Economic and Financial Order, in article 170, items VII and VIII, of the Federal Constitution. Yet. It remains concluded about the Judicialization of public policies aimed at education in the State of Goiás that, in the vast majority of times, the Judiciary when adopting a very proactive stance, effectively contributes to the proper compliance with the policies that have already been created, and also for the establishment of an existential minimum, something naturally foreseen in the Carta Maior as of its competence. On the other hand, on the other hand, the competent Executive Branch cannot forget that the economic consequences will arrive and make evident the need to create a watertight, either acting preventively when allocating sufficient budget funds, as in Hand's theory of prevention or even developing an administrative mechanism to deal with the demands arising from this omission and, thus, contain the Judicialization of this public policy.