The right to early childhood education and STF’s action: an exploratory study on the decision making profile and their possible effects during the Covid-19 pandemic

The mobilizations of the courts in the search for the effectiveness of human rights coexist with the challenges of implementing the decisions. In Brazil, the right to early childhood education in daycare has had a historical density of judicialization. Connecting this context to the Covid-19 crisis, we propose to analyze to what extent the right to daycare, demanded mainly in terms of access, is now being demanded under other dimensions, arising from the intensification of pre-existing inequalities amidst the health crisis. Demands related to the maintenance of presential classes, distance learning, and assistance with school meals place the judicialization of this right beyond the school space and explore its fundamentality in multiple ways. The paper intends to explore the profiles of the lawsuits regarding daycare centers in the pandemic period within the STF, their possible effects, and the articulation of these issues with the racial, gender, and economic problem in Brazil.