The Inadequacy of Supplementary Examinations in Light of Non-Compliance with the Law

Abstract

The Public Administration established, through Law No. 9,394/96 (Law of Guidelines and Bases of Education), an educational system that provides courses and examinations for certification and continuation of studies on a regular basis, including the requirement of a minimum age of eighteen years for the completion of secondary education; however, courts, by granting and upholding numerous writs of mandamus seeking authorization for minors under eighteen to enroll and take supplementary examinations, have not only set aside the application of the law but have also contributed to impairments in the quality of education; in this context, it becomes evident that judicial panels, by failing to apply the legal rule, are implicitly recognizing its unconstitutionality, in violation of the full bench clause, thereby undermining the national system of access to education; from this perspective, it must be emphasized that the judiciary should not disregard the legislator’s intent in establishing a coherent legal framework designed to prevent inequalities, provide educational opportunities to those who did not have access at the appropriate age, and ensure the full intellectual, mental, emotional, and physical development of students as individuals.