Right to Basic Education: Guarantees and Responsibilities
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Art. 5º Access to compulsory basic education is a subjective public right, and any citizen, group of citizens, community association, labor union, class entity or other legally constituted entity, as well as the Public Prosecutor's Office, may take legal action against the government to demand it. § 1º The government, within its federative jurisdiction, shall: I - annually census children and adolescents of school age, as well as young people and adults who have not completed basic education; II - make a public call for them; III - ensure, together with parents or guardians, that they attend school. IV - disclose the waiting list for places in basic education institutions in its network, including daycare centers, in order of placement and, whenever possible, by school unit, as well as disclose the criteria for preparing the list. V - guarantee parents, guardians and students access to the results of quality and academic performance assessments in educational institutions, carried out directly by it or in partnership with international organizations. § 2º In all administrative spheres, the Government shall ensure, first and foremost, access to compulsory education, in accordance with this article, and then consider other levels and modalities of education, in accordance with constitutional and legal priorities. § 3º Any of the parties mentioned in the caput of this article shall have standing to petition the Judiciary, in the event of § 2º of art. 208 of the Federal Constitution, and the corresponding legal action shall be free of charge and subject to summary procedure. § 4º If negligence on the part of the competent authority in ensuring the provision of compulsory education is proven, it may be charged with a criminal offense. § 5º In order to ensure compliance with compulsory education, the Government shall create alternative forms of access to the different levels of education, regardless of previous schooling.
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