RIGHT TO EDUCATION AND AGE CUT-OFF IN LIGHT OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF MINAS GERAIS

Abstract

Considering the ongoing controversy surrounding the age cut-off for entry into basic education, this study aimed to analyze the understanding of the Court of Justice of Minas Gerais (TJMG) regarding the application of Resolution CNE/CEB No. 02/2018, which established March 31 as the deadline for enrollment in preschool and elementary school. To this end, a qualitative, bibliographic, and documentary research was conducted, covering decisions rendered between 2023 and 2025. The findings indicate that the TJMG has consistently upheld the national guidelines and the position consolidated by the Federal Supreme Court (ADC 17 and ADPF 292), while admitting only limited exceptions, such as the transition rule and the theory of accomplished fact. It is concluded that the Court has sought to balance the child’s best interests with legal certainty, reaffirming the importance of the age cut-off as an instrument of standardization and stability in educational policies.

DOI: https://doi.org/10.56238/sevened2025.038-033