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It is up to the State to guarantee a high standard of education in all educational levels. Since the organization of education in Brazil follows the federal organization, it is the State’s duty to check this, through normative and executive decentralization, exercised by the Union, States, Federal District and Municipalities, according to administrative, legislative and material jurisdictions promoted by the Federal Constitution and by the Lei de Diretrizes e Bases (Law of Directives and Bases) of National Education (LDB) (Law n. 9.394, of 12/20/96). The standard of quality for basic education in public schools of the State of Sao Paulo presupposes qualified teachers in the classrooms and management functions (art. 64 of the LDB). If the National Council of Education foregoes previous authorization for specialization courses in pedagogy, necessary to check the activity, not exerting its supervisory function, with reflexes and negative effects for the other systems of education, these must carry it out. It is the exercise of power/obligation affecting normative organs of the systems of education. The legal principles for this activity, in this case, originates in arts. 208, VII and 18 of the Federal Constitution and arts. 3 rd , IX; 9 th , IX and 10, I and V of the LDB. The subject is examined arising from a consultation formulated by the Conselho Estadual de Educacao (State Education Council) of the State of Sao Paulo.

revista da faculdade de direito da universidade de são paulo

Federalismo cooperativo e garantia de padrão de qualidade de ensino: o caso dos estabelecimentos de educação infantil jurisdicionados ao sistema escolar do Estado de São Paulo