From enforceability to justiciability of the right to pre-primary education: institutional obstacles to the Brazilian strong model of judicial review

What are the limits and possibilities of judicial review in protecting the right to pre-primary education in the face of Public Administration´s omissions? The research explores the construction of the enforceability and justiciability of this right guaranteed in the Brazilian Constitution, to discuss the explanatory factors of Executive omissions and non-compliance with judicial decisions. It describes the legislation that guarantees this right for children and their parentes and the main characteristics of the expansive jurisprudence established by the Brazilian Supreme Court, which decided that the Judiciary can determine the implementation of public policies, establishing sanctions for public agents who fail to comply with its determinations. The main hyphotesis is that institutional characteristics of Brazilian justice system, such as fragmentation, autonomy and weak accountability, are an obstacle to the realization of this right through the courts.