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This Friday (23) the Court of Children and Youth (VIJ-DF) of the Federal District Court of Justice (TJDFT) determined that the Government of the Federal District (GDF) present, in up to five days, the plan to return to classes face-to-face in kindergartens and kindergartens, primary and secondary schools of the public school system, in a staggered manner so that the total return is completed in 20 days.
The titular judge of the VIJ-DF, Renato Scussel, attended the public civil action proposed by the Public Ministry of the Federal District and Territories (TJDFT). The request was that the immediate return to classes be determined and authorized. According to the magistrate, the decision was based on provisions of the Federal Constitution that determined that it was the duty of the State to guarantee the fundamental right of access to education for children and adolescents.
“Under this approach, the right aims to provide the State with a view to guaranteeing the resumption of face-to-face classes for all children and adolescents in the public school system of the Federal District, ensuring their primary right to education,” he says. .
In its decision, Scussel affirms that the State is moving towards the normalization of activities, whether or not they are essential, which is clear from the opening of various sectors of society, which is observed with greater incidence from Decree 40.939 / 2020, and attentive so that school activities must resume in their entirety.
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“It seems public and notorious that private schools have already reopened and returned to their activities as well as commerce, places of religious worship and there is authorization for public actions, it is neither fair nor lawful that, in a country lacking education, children, girls and adolescents who use the public education system are restricted in their primary right to education ”, adds the magistrate in his decision.
The judge also affirms that state health agencies have issued the necessary recommendations for the operation of school activities in the midst of the framework installed to overcome the pandemic, so that labor relations are already normalized.
Regarding the priority of protecting children and youth, the magistrate highlights: “It should be added that, in a country of enormous social differences, where the gap that separates the privileged classes from the less favored is enormous and insurmountable, the it is the duty of the State to guarantee the priority of preference in the formulation and execution of social public policies and with a privileged destination of public resources in areas related to the protection of children and youth ”.
With information from TJDFT
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